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relation ship - Page 2


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  #11 (permalink)  
Old 03-13-2014, 03:46 AM
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Originally Posted by Mish View Post
You can't be classed as a defacto if you are not living together. De facto is for people living together.
Thanks mish,and star hunter, Mish i know you can be living apart and still be in a defacto relation ship as far as c/l is concerned, I will ring welfare rights, I need to be very clear on this,


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Old 03-13-2014, 03:47 AM
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Eleanor - do you live with your fiancée for any period of time that is regular and consistant? I think I recall that you fly in and out of your fiancées country and stay with her for weeks at a time?

If that's the case, then it can be hard for anyone to judge whether you are in a defacto relationship for social security purposes - and keep in mind that their rules are different to rules for immigration purposes.

They may determine that she is merely your girlfriend, or they may determine that you cohabitate to am extent that pushes you over into defacto territory.

You really need to contact the Welfare Rights Advocacy service and get their advice because it's not really as simple as it may seem on the outside and you don't want to get bitten on the bum later.

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Old 03-13-2014, 04:40 AM
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Eleanor - do you live with your fiancée for any period of time that is regular and consistant? I think I recall that you fly in and out of your fiancées country and stay with her for weeks at a time?

If that's the case, then it can be hard for anyone to judge whether you are in a defacto relationship for social security purposes - and keep in mind that their rules are different to rules for immigration purposes.

They may determine that she is merely your girlfriend, or they may determine that you cohabitate to am extent that pushes you over into defacto territory.

You really need to contact the Welfare Rights Advocacy service and get their advice because it's not really as simple as it may seem on the outside and you don't want to get bitten on the bum later.

last time i was there was in july last year for 6 weeks, I cant see that c/l can say im in a relation ship really,just because i send money, That would mean every one that sends money over seas is in a defacto relationship, And then you have the situation that if you split up she can ask for some sort of settlement, and that is just silly, but i have to be sure on this before i see c/l because they WILL ask where the money is going, She has one of my visa cards and i let her take money out when she needs it, I think this is why c/l want to see me , There computer has picked up that money is coming out of my account from japan and i am living in Australia, how come . BUT again could i say she is just a good friend that i decided to help out.?.


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Old 03-13-2014, 05:35 AM
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I just rand welfare writes and they want me to make an appointment and go see them ,they would not give me any information over the phone, But i read the c/l definition of being a couple and i dont think i fit that criteria, and it they do decide i am in a defacto relation ship then its ok because i will get the section 24 applied so its all good, thanks every one.


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Old 03-13-2014, 05:37 AM
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I'm on Newstart Allowance and am currently pregnant to my partner who lives overseas (Nepal) and regularly send him money. I decided the best option was to go into my local Centrelink office and explain my situation. The officer explained that because he was not an Australian citizen and his permanent residence is not with me in Australia I was not classed as being in a defacto relationship according to Centrelink criteria. I made sure that this was noted on my file for future reference. The officer gave me the Partner Declaration form to hold on to and was advised to fill out and submit as soon as he arrives and is staying with me (for example, on a tourist visa). When that time arrives the Centrelink officer will then start the process of Section 24 so that I can still be paid single rate despite being defacto under the lines of financial hardship as my partner does not have working rights in this country and earns very little back in his home country.

There are a number of reasons that I advise you do the same:

A.) It is not up to the payment recipient to determine relationship status (and therefore payment rate). That is at the discretion of Centrelink. By going in and providing them with any and all information possible you are putting the decision into their hands.

B.) If it is recorded that you have provided all information and Centrelink decided you were NOT defacto it is now their problem and they cannot accuse you of failing to provide information and then demanding you pay back $$$ you now owe due to overpayment

C.) It's best to find out now that your payment is going to be reduced rather than being put into debt (if that WERE the case, although I think is very unlikely)

Hope all of that helps a little.

End note: if you decide to talk to Centrelink make sure you do it while at the office, sitting down at an appointment. All information regarding these interactions with Centrelink are recorded on your file however telephone conversations and just a quick chat with someone at the front desk is not and unfortunately claiming 'someone from Centrelink told me not to worry because abc' doesn't mean much to Centrelink unless you have proof to back it up


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Old 03-13-2014, 05:57 AM
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Originally Posted by dragonBug3 View Post
I'm on Newstart Allowance and am currently pregnant to my partner who lives overseas (Nepal) and regularly send him money. I decided the best option was to go into my local Centrelink office and explain my situation. The officer explained that because he was not an Australian citizen and his permanent residence is not with me in Australia I was not classed as being in a defacto relationship according to Centrelink criteria. I made sure that this was noted on my file for future reference. The officer gave me the Partner Declaration form to hold on to and was advised to fill out and submit as soon as he arrives and is staying with me (for example, on a tourist visa). When that time arrives the Centrelink officer will then start the process of Section 24 so that I can still be paid single rate despite being defacto under the lines of financial hardship as my partner does not have working rights in this country and earns very little back in his home country.

There are a number of reasons that I advise you do the same:

A.) It is not up to the payment recipient to determine relationship status (and therefore payment rate). That is at the discretion of Centrelink. By going in and providing them with any and all information possible you are putting the decision into their hands.

B.) If it is recorded that you have provided all information and Centrelink decided you were NOT defacto it is now their problem and they cannot accuse you of failing to provide information and then demanding you pay back $$$ you now owe due to overpayment

C.) It's best to find out now that your payment is going to be reduced rather than being put into debt (if that WERE the case, although I think is very unlikely)

Hope all of that helps a little.

End note: if you decide to talk to Centrelink make sure you do it while at the office, sitting down at an appointment. All information regarding these interactions with Centrelink are recorded on your file however telephone conversations and just a quick chat with someone at the front desk is not and unfortunately claiming 'someone from Centrelink told me not to worry because abc' doesn't mean much to Centrelink unless you have proof to back it up
Thanks dragonbug, that sounds like a good idea, BUt what if they decide i have been in a relation ship for 3 years, and then i have to pay back, Its all so confusing.


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Old 03-13-2014, 06:42 AM
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Originally Posted by eleanor View Post

last time i was there was in july last year for 6 weeks, I cant see that c/l can say im in a relation ship really,just because i send money, That would mean every one that sends money over seas is in a defacto relationship, And then you have the situation that if you split up she can ask for some sort of settlement, and that is just silly, but i have to be sure on this before i see c/l because they WILL ask where the money is going, She has one of my visa cards and i let her take money out when she needs it, I think this is why c/l want to see me , There computer has picked up that money is coming out of my account from japan and i am living in Australia, how come . BUT again could i say she is just a good friend that i decided to help out.?.
Telling them that she is just a good friend is going to cause you problems later when you are trying to prove to immigration that you were in a genuine relationship for this period of time. You certainly don't want to do that. It will cause problems, and also, it's fraud.

You need to be honest with centerlink about your relationship. You are not going to get into trouble for supporting your fiance, and they have provisions for you to still be paid the same amount as a single person, even though you have a partner, if your partner isn't living in Australia. But you need to be honest with them.

They are there to help you, remember that

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Old 03-13-2014, 06:45 AM
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Thanks dragonbug, that sounds like a good idea, BUt what if they decide i have been in a relation ship for 3 years, and then i have to pay back, Its all so confusing.
Then if that's the case it's best to see them about it now and clear it up. It's certainly not going to go away by lying about it now.

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Old 03-13-2014, 06:59 AM
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Originally Posted by kangaroogirl View Post
Telling them that she is just a good friend is going to cause you problems later when you are trying to prove to immigration that you were in a genuine relationship for this period of time. You certainly don't want to do that. It will cause problems, and also, it's fraud.

You need to be honest with centerlink about your relationship. You are not going to get into trouble for supporting your fiance, and they have provisions for you to still be paid the same amount as a single person, even though you have a partner, if your partner isn't living in Australia. But you need to be honest with them.

They are there to help you, remember that

Thank you ,that is a very good point, i will tell them that i have a fiance, thanks every one , i took it all on board, and like you all say it will help in the long run if i declear our relation ship.


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Old 03-13-2014, 07:11 AM
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Originally Posted by eleanor View Post

Thank you ,that is a very good point, i will tell them that i have a fiance, thanks every one , i took it all on board, and like you all say it will help in the long run if i declear our relation ship.
Good thinking.

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