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D. Coleman
D. Coleman, Lawyer
Category: Australia Law
Satisfied Customers: 1105
Experience:  BEc(SocSci).LLB
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I was refused an Australian age pension because I now live

Resolved Question:

I was refused an Australian age pension because I now live in Thailand. For thirty six years I worked in Australia including five years supporting the Australian Defence Force.
Assuming that income taxes are used to finance pensions, would I be legally entitled to a tax refund from my thirty six years of taxes? I am an Australian citizen.
Submitted: 8 years ago.
Category: Australia Law
Expert:  D. Coleman replied 8 years ago.
DearCustomer

I have done some research into the social security law which applies to this question. The relevant law is the SOCIAL SECURITY ACT 1991 - SECT 43 which states that you must be living in Australia to claim the age pension. Unfortunately the only thing that I can find which may assist you are that you can still claim the age pension from overseas if it is being claimed under International Social Security Arrangement. Australia has agreements of this type with the following countries:

Belgium
Canada
Chile
Croatia
Cyprus
Denmark
Finland
Germany
Greece
Ireland
Italy
Japan
Korea (Republic of)
Malta
The Netherlands
New Zealand
Norway
Portugal
Slovenia
Spain
Switzerland
United States of America (USA)

Unfortunately Thailand is not on the list. Unfortunately I am also sure that you would not be entitled to a tax refund from all the years you worked supporting the ADF because there is no legal basis for the idea that we can have our taxes returned in the form of an age pension. In legal terms, the taxes are levied on a year by year basis within residency parameters. The only solution I can suggest is that you move to a country on this list or back to Australia. I am sorry that there doesn't appear to be a more convenient solution to this problem. Please do not hesitate to contact me again if you would like more explanation or information.

Kind Regards,

XXXXX XXXXX
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