relation ship

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relation ship


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Old 03-13-2014, 01:19 AM
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relation ship

This question is worrying me , I am on a dsp,and i have been called in to c/l for a review, I am on a single rate of pension,and i am sending some money to my fiance overseas, If i tell c/l i have a fiance overseas ,could they say that i am in a defector relation ship and put me on the couples rate of pension, They will ask why i am sending money overseas,, and you dont send money to friends,even good friends. you dont have to be living to gether to be classed as having a defacto relation ship, What do you think.


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Old 03-13-2014, 02:13 AM
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De facto means you live in the same house with your partner, so no, there is no way you can be classed as this.

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Old 03-13-2014, 02:17 AM
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As kangaroo said defacto is living together so no. Also there are people who are married but their husband is still overseas and centrelink pays them the single rate.


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Old 03-13-2014, 02:30 AM
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ok, thanks for that, that has put my mind at rest.


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Old 03-13-2014, 03:06 AM
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Originally Posted by Mish View Post
As kangaroo said defacto is living together so no. Also there are people who are married but their husband is still overseas and centrelink pays them the single rate.
Actually, just to clarify this. If you are in a relationship, you have to declare it to centrelink like any other relationship. You don't have to be living together either, they assess a relationship on all sorts of criteria and marriage is definitely a case of being automatically "partnered" for centrelink purposes.

When people get paid the single rate, what happens is that they get put on what is called a "section 24" which is a payment for people in a relationship with a non-Australian resident when their partner is not eligible for centrelink benefits and does not have any other income.

Be very careful about deciding not to declare your relationship to centrelink, because you are absolutely expected to! That's why they have the section 24 in place - for people who are in relationships that are complicated by one member not being Australian....whether they live in Australia or not.

Also, immigration will want to know if you have declared your relationship to government bodies such as centrelink and if you say no, they will ask why you didn't. What do you then say "oh, we were not in a relationship as defined by the social security legislation" that isn't going to bode well for any application on partner grounds. Of you consider yourself to be in a committed and exclusive relationship for migration purposes, then centrelink will definitely consider you partnered for social security purposes.

There are some provisions for being married and living separately and apart, but centrelink need to make that determination. I wouldn't just not disclose the relationship. They will look at things like your partners financial means and whether they provide financial support etc etc. Basically all the things DIBP expect you to prove regarding your relationship. It's complicated for sure, but it's likely you will get section 24 which does mean you continue getting the single rate, but are still considered partnered.

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Last edited by Star Hunter; 03-13-2014 at 03:21 AM.

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Old 03-13-2014, 03:23 AM
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Originally Posted by Star Hunter View Post
Actually, just to clarify this. If you are in a relationship, you have to declare it to centrelink like any other relationship. You don't have to be living together either, they assess a relationship on all sorts of criteria and marriage is definitely a case of being automatically "partnered" for centrelink purposes.

When people get paid the single rate, what happens is that they get put on what is called a "section 24" which is a payment for people in a relationship with a non-Australian resident when their partner is not eligible for centrelink benefits and does not have any other income.

Be very careful about deciding not to declare your relationship to centrelink, because you are absolutely expected to! That's why they have the section 24 in place - for people who are in relationships that are complicated by one member not being Australian....whether they live in Australia or not.

Also, immigration will want to know if you have declared your relationship to government bodies such as centrelink and if you say no, they will ask why you didn't. What do you then say "oh, we were not in a relationship as defined by the social security legislation" that isn't going to bode well for any application on partner grounds. Of you consider yourself to be in a committed and exclusive relationship for migration purposes, then centrelink will definitely consider you partnered for social security purposes.

There are some provisions for being married and living separately and apart, but centrelink need to make that determination. I wouldn't just not disclose the relationship. They will look at things like your partners financial means and whether they provide financial support etc etc.

Thanks star hunter,I hear what you say and this is why i am a bit worried, Put it like this, She is my fiance, we have decided to marry one day, I send her money to help her out, She gives me nothing but love, She lives in japan me in Australia, Are we good friends or are we in a defacto relation ship.for c/l purposes.


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Old 03-13-2014, 03:29 AM
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Just to clarify the people I know did declare their relationship to centrelink and centrelink is paying them the single rate because the spouse is still overseas.


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Old 03-13-2014, 03:30 AM
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Originally Posted by eleanor View Post
Thanks star hunter,I hear what you say and this is why i am a bit worried, Put it like this, She is my fiance, we have decided to marry one day, I send her money to help her out, She gives me nothing but love, She lives in japan me in Australia, Are we good friends or are we in a defacto relation ship.for c/l purposes.
It's confusing I know. Centrelink do state that you must be living together permanently and indefinitely, so it makes sense that at this time they won't be too concerned about considering you partnered.

I didn't clarify it well in my initial post, but the problem will mostly arise when you apply for the partner visa, since you have to prove a relationship exists to DIBP using the same criteria that centrelink use to decide if you're in a relationship or not (it's almost exactly the same - social, financial, nature of commitment etc).

I'm not really an expert, I just explored this myself as I was a single mother and in a relationship with my American husband. I did declare my relationship they told me to contact them when we got married since him living in the US meant we weren't considered defacto. After we got married they did put me on the partnered rate and automatically put our case forward for section 24 but we didn't get it because my husband has his own income from a VA pension.

If your fiancée has no cash or assets then you will almost definitely get the section 24 so financially you will be recieving the same amount.

Try calling the welfare rights advocacy service who can help you - they helped me navigate the centrelink gauntlet and made things so much easier in the end (after I experienced all sorts of stuff ups).

Good luck!

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I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

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Old 03-13-2014, 03:31 AM
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Originally Posted by Mish View Post
Just to clarify the people I know did declare their relationship to centrelink and centrelink is paying them the single rate because the spouse is still overseas.
Yes, that occurs under a "section 24" it's not the single payment per se, but it's paid at the single rate, not at the couples rate.

To further clarify, there is a special team who assess applications for section 24, not regular centrelink officers. They look at a wide range of criteria and determine if there is a necessity to continue to pay the single rate in order to avoid hardship for the recipient.

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I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

Last edited by Star Hunter; 03-13-2014 at 03:34 AM.

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Old 03-13-2014, 03:34 AM
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Quote:
Originally Posted by eleanor View Post

Thanks star hunter,I hear what you say and this is why i am a bit worried, Put it like this, She is my fiance, we have decided to marry one day, I send her money to help her out, She gives me nothing but love, She lives in japan me in Australia, Are we good friends or are we in a defacto relation ship.for c/l purposes.
You can't be classed as a defacto if you are not living together. De facto is for people living together.


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