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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43256
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have dual Australian and USA citizenships. I currently

Customer Question

I have dual Australian and USA citizenships. I currently live in Australia and have done so for the last 10 years. I am 68 years old and receive a partial age pension from Australia and USA Social Security.
Context: If I go to the USA and stay longer than 6 months I know that my Australian age pension will be reduced because I only lived here in Australia from the time I was 57 until now. (reference rule of 35).
Here is my question. If I return to Australia after being over seas for longer than 6 months, how long must I remain in Australia before I can head back to the USA for 6 months and earn my full age pension?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The rule you mention about the 6 months applies to all australians. Unless they approve you take the pension with you, it is stopped after a period of time.

http://www.humanservices.gov.au/customer/enablers/outside-australia

Here is the agreement between the us and australia

http://www.humanservices.gov.au/spw/customer/information-in-your-language/resources/017/017-1207en.pdf

You have to speak to centrelink and they will give you more details about getting the pension overseas. Because you have been here for 10 years you can get a proportion and all of this is in the following link

http://www.ozexpats.com/content/australian-pension-overseas

But is it not going to be easy because our system is not a user pay system like the superannuation systems of many countries.

Customer: replied 1 year ago.
I am NOT satisfied because I was looking for LEGAL ADVICE from an Attorney, not a guide to assist me.
Expert:  Leon replied 1 year ago.

I will opt out.

I am a Solicitor but cannot give legal advise on here only information.

It would be negligent to do anything other than that.

Will opt out and leave it for others to try and assist all the best

Customer: replied 1 year ago.
Thank you, ***** ***** that I am looking for LEGAL ADVICE and only that!!!!