The Meeting Place

Class action to claim back lost Age Pension entitlements

 

An age pensioner has been successful in claiming back substantial pension reductions after Centrelink incorrectly assessed an inheritance received by them, Meridian Lawyers has revealed.

A law firm spokesperson says: “Centrelink is likely to have done this to many other pensioners over the past 15 years.

"If your pension has been reduced as a result of receiving a benefit under a will or testamentary estate, Meridian Lawyers invites you to contact us."

The law firm says it is planning a class action with the intention of recovering similar incorrect pension reductions.

If you think you may have been incorrectly assessed by Centrelink with regard to an inheritance, you can contact Meridian Lawyers on (02) 9018 9978 or by emailing draftesath@meridianlawyers.com.au.

8 comments

Dear Sir,  I have been entitled to the aged pension since I was 65 years of age, but because I kept working I lost a considerable amount of my pension.  My wife also got the aged pension at age 65 and because I wa still working the Australian Government and Centrelink claimed that half of my wages was hers, but when I went to do my tax return the Taxation office said it was all mine, and would not split the income, so over all the years that I continued to work past 65, which was over eleven years the Australian Government and Centrelink robbed my wife and I of thousands of dollars.  I also wonder why we, in Australia cannot take a leaf out of the book of the U K and pay all pensioners the same amount,  I cannot for the love of me see why individuals of married couples should be paid over #228.00 each less than singles and de facto couples claiming to be singles, when in many cases the married couple paid twice the raxes of a single person, on to now receive a little more in pension tjan people on the dole, who have never worked or paid taxes.  I don't want a reply that two people can live cheaper than one, when we all know that, that is rubbish as it costs twice as much for outings, medicines in my case would be more than twice that of singles,with out counting what it costs my wife for medicines so why don't we rectifyu the system that all pensioner's get the same entitlement,  Lets not have anymore discimination.  Max J

Cranky, stating people on the dole who have never worked or paid taxes is a sheer misconception or arrogance on your behalf. Many on the dole do work they pay tax 60 cents for every dollar over the threshold. Many are over 50 and have worked all their lives.

All married couples pensions are less than a single pension because two can live cheaper than one. It's not like as if you both are living on one pension. 

Maybe you should have stopped working at 65 instead of working past 65.  It's because of people working past 65, the pension age increased to 67 and the Government wants to push the age to 70. You have retired enjoy your retirement instead of worrying about money and possessions. Life is too short.

It's obvious the person with the inheritance did not have much money in the first place and the inheritance is not over the allowed threshold. Centrelink needs new accountants and debt collectors.

Totally agree with your comments. It is ridiculous, two cannot live as one! You should have been a refugee or illegal immigrant, then all would be goof.

The fact that you worked well past your retirement age should  be rewarded not penalised. Your other alternative is to become a blood sucking politician. That pays  well.

mogo51, people are rewarded when they work past their retirement age. The pension makes allowance for a large amount of savings too. It's obvious Cranky and his wife is not receiving the full pensions because of their sufficient savings thanks to working hard all their lives.

No wonder you're ' Cranky' my friend :-)) I read what you say and agree. Oh and Jackie has contradicted herself again :-))

Good comments, Cranky. BOTH the Age Pension and the Taxation system are broken, and BOTH Liberal and Labor parties intend to do nothing about it as it doesn't affect the politicians as they arrange their own deals on pensions and jobs after politics. I am really shocked that Retirees did not vote OUT the Liberals (although many gave a slap to crazy Labor for their extreme policies) inspite of the 2017 Asset Test changes which severely punishes all earners and savers such as yourself.

Cranky and Jackie, there are two issues, one is the legal issue of the Tax department assessing Cranky as two separate beings, - one who pays taxes and the other, somehow disconnected, who decreases their entitlement to the pension because they are a couple, ie two separate beings.

This is obviously wrong, you can't be two people now and one person now, the Tax department was blinded by it's greed, (pity it can't be a bit more greedy towards the very rich and multinationals paying what they actually should).. so Cranky should have Won. 

The arguably criticism towards people on the dole etc is a personal (and imho immoral)  judgement on other people oppressed by the same tax department and an emotional judgement, not a legal judgement so has no foundation except personal hatred of anyone who is less fortunate than oneself,  a totally self obsessed desire based irrational feeling that in fact the legal system attempts to expunge.

So in regard to the Legal system, Cranky has behaved as an adult, and Won, but in regard to his egocentric attitudes, he has Lost, and we all have lost as egocentricity always loses and damages our society towards the future.

Dear Sir,  I have been entitled to the aged pension since I was 65 years of age, but because I kept working I lost a considerable amount of my pension.  My wife also got the aged pension at age 65 and because I wa still working the Australian Government and Centrelink claimed that half of my wages was hers, but when I went to do my tax return the Taxation office said it was all mine, and would not split the income, so over all the years that I continued to work past 65, which was over eleven years the Australian Government and Centrelink robbed my wife and I of thousands of dollars.  I also wonder why we, in Australia cannot take a leaf out of the book of the U K and pay all pensioners the same amount,  I cannot for the love of me see why individuals of married couples should be paid over #228.00 each less than singles and de facto couples claiming to be singles, when in many cases the married couple paid twice the raxes of a single person, on to now receive a little more in pension tjan people on the dole, who have never worked or paid taxes.  I don't want a reply that two people can live cheaper than one, when we all know that, that is rubbish as it costs twice as much for outings, medicines in my case would be more than twice that of singles,with out counting what it costs my wife for medicines so why don't we rectifyu the system that all pensioner's get the same entitlement,  Lets not have anymore discimination.  Max J

I fully agree cranky 

Yep, I encourage YLC to publicise as widely as possible the options and law firms etc available for any and all types of class actions esp. in regard to centrelink and govt !!

 

Good idea, any such Law Firm should be encouraged to pursue class actions for Retirees - maybe YLC can list some for their attention and ask for action.

For example, why Abbott broke promises and cut pensions with the 2017 Asset Test changes, without any Grandfathering for existing Retirees and Pre-Retirees already close to retirement who could not change incomes any further. Wonder if a Legal firm can have this challenged as it clearly appears bad in law.

Also, the Federal Politicians pension system was changed from 2004, however those pre-2004 politicians who got re-elected in 2004 or thereafter continued their previous, obnoxiously generous pension rules, although these were NEW contracts fromn 2004 hence there should have been no continuation of previous "entitlements". Wonder if a Legal firm can challenge this too.

The only retirees of age pension age will ever get a fair deal with the age pension is to get a voice in Parliament so as to ensure a fair and decent pension payment...Pensioners and other retirees had their chance in the last election, but let it go through to the keeper...We get what we deserve...

 

yes, Thommo I agree 100%, people must have some understanding that Labor is slightly more socially centred that the libs who only care about their pensions and keeping the golden trough full, and the only way they can guarantee that for themselves to too take from the poor.

Even the libs thought they were goners that is why they promised a rose garden for all but all we will receive is a bowl of potato peels and coal dust ;)

‘It’s terribly cruel’: How a $200,000 inheritance has caused pension pain

https://thewest.com.au/business/your-money/its-terribly-cruel-how-a-200000-inheritance-has-caused-pension-pain-ng-b881207699z

Reality of not understanding Centrelink  rules.

There is not enough information provided here by Meridian Lawyers to make a judgement whether you qualify to be included in the class action. 

I searched for the case on Internet and there's no reference to it, not even on their website.

A homeless aged pensioner received a $300,000 inheritance in 2015, banked it and declared it to Centrelink within 14 days, the aged pension was reduced by the Deemed Income Test next fortnight. Centrelink did not include the inheritance under the Asset Test because the pensioner had 12 months to do something with the money. After 12 months, if still in the bank  or in other investment it would be counted towards the Asset Test but if you buy a principal residential home for yourself it is not included which what this pensioner did and he blew the rest on a car, furnishings legal fees , some interstate travel and some gambling.  Everytime the pensioner's money reduced by more than $2,000 the pensioner reported it to Centrelink. After some months but within a year when the bank balance reduced to below $150,000 the pensioner was back on full pension.

So without reading the finer details about the Meridian Lawyers case its hard to fathom the facts of the case. More information...please!



By the way, this "No win No fee" advertising by lawyers is is an old fashion spin of smoke and mirrors. Of course there are fees deemed as expenses that you have to pay, $400-$600 in blocks of 6 minutes plus administrative costs which may be inflated. Shop around, shop around. 

The reason that OZ pension is not the same as uk is that every working person had a deduction from their wages from the age of 17 in the UK .  Many Australians will have benefitted from their pensions by millions of dollars by the time they die yet never  paid a cent as Bob and  Paully only brought it in in 78....These people paid taxes yes but that didnt even cover all the state and government expenses,,,,Australia lived off the sheeps back and currently is living  off a hole in the ground...Be nice to the Chinese because we have nothing saved for pensions  

I,m in Queensland ,and since the premier took over she has employed 30,000 extra public servants .What in goodnesssake do the current 300,000 do? Qld is the highest ,She hates coal and gas ,,we have a fertiliser factory to mention only one industry will have to close down soon as they cant pay double the price its competitors are paying overseas

The reason that OZ pension is not the same as uk is that every working person had a deduction from their wages from the age of 17 in the UK .  Many Australians will have benefitted from their pensions by millions of dollars by the time they die yet never  paid a cent as Bob and  Paully only brought it in in 78....These people paid taxes yes but that didnt even cover all the state and government expenses,,,,Australia lived off the sheeps back and currently is living  off a hole in the ground...Be nice to the Chinese because we have nothing saved for pensions  

I,m in Queensland ,and since the premier took over she has employed 30,000 extra public servants .What in goodnesssake do the current 300,000 do? Qld is the highest ,She hates coal and gas ,,we have a fertiliser factory to mention only one industry will have to close down soon as they cant pay double the price its competitors are paying overseas

8 comments