A disability compensation payment [3] is paid as compensation [3] for injuries or diseases caused or aggravated by war service [3] or certain defence service [3] on behalf of Australia [3].
VEA → [4]
To be eligible for the Disability Compensation Payment, a person has to have rendered one of the following types of service:
Note: Defence service commences from 7 December 1972 and ceases on 7 April 1994 except for members with unbroken continuous full time service [3] between 22 May 1986 and 7 April 1994 inclusive.
VEA → [10]
A disease [3] or injury [3] is taken to be war caused if the injury suffered or disease contracted resulted from:
VEA → [12]
An existing condition can be considered war caused, if, in the opinion of the Commission [3], the disease or injury was contributed to, or aggravated by eligible war service. Where a veteran has not rendered operational service, the period of eligible war service, which contributed to, or aggravated the injury or disease, needs to have been for six months or longer. If a veteran has rendered operational service, the six months minimum period of eligible war service does not apply:
It does not apply if the aggravation of an injury or disease resulted from:
Claims for an injury or disease to be recognised as being war-caused or defence-caused (ie, accepted conditions [3] are determined in accordance with the Statements of Principles issued by the Repatriation Medical Authority [3].
More → [14]
Section 13 [18] VEA Eligibility for pension (veterans and Mariners)
Section 70 [19] VEA Eligibility for pension (Defence and Peacekeeping Forces)
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
A payment to make amends for loss or injury to a person or property, or as a recompense for some deprivation (such as compensation to the owner for compulsory acquisition of their property).
Warlike service is defined in Subsection 5C(1) VEA [39] to mean:
See also definition of war like operations [3].
A member of the Defence Force who has served for a continuous period of effective full-time service of not less than three years between the period 6 December 1972 and 7 April 1994 has rendered defence service. Refer to section 68 of the VEA for the full definition [40].
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
Subsection 5Q(1) of the VEA [41] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132. Norfolk Island is currently the only external territory of Australia. For the above VEA sections, which cover service pension [3], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [3] and Commonwealth Seniors Health Card [3] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [3], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [3] and Nauru [3] have both previously been external territories of Australia. Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.
Warlike service is defined in Subsection 5C(1) VEA [39] to mean:
See also definition of war like operations [3].
Non-warlike service is defined in Subsection 5C(1) to mean:
Non-warlike service includes operations with a limited objective and casualties could occur but are not expected. The only force allowed is in self-defence.
Operational service is generally service performed:
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
According to subsection 120(7) of the VEA [40], Hazardous service is service in the Defence Force of a kind determined by the Minister for Defence to be hazardous service.
Hazardous service includes activity that exposes individuals or units to risks above the normal peacetime and training duties such as bomb and mine clearance, aid to civil power or protected evacuations.
A member of the Defence Force who has served for a continuous period of effective full-time service of not less than three years between the period 6 December 1972 and 7 April 1994 has rendered defence service. Refer to section 68 of the VEA for the full definition [40].
Eligible war service is:
Section 7 of the VEA provides a full definition of eligible war service.
Continuous full-time service in relation to a member of the Defence Force means that a person must have served on a continuous full-time basis, as opposed to a part-time basis.
A period of continuous full-time service is required by a member of the Defence Force if they are to be considered as having eligible war service, operational service or defence service and access to the benefits associated with those forms of service.
According to subsection 5D(1), disease means:
but does not include:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
According to Section 179 [40]of the VEA [40], the Commission is a body corporate under the name of Repatriation Commission.
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15980%23comment-form
[2] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn7
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn8
[5] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn9
[6] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn10
[7] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn11
[8] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn12
[9] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn13
[10] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn14
[11] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn15
[12] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn16
[13] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn17
[14] https://clik.dva.gov.au/book/export/html/15980#tgt-cspol_part4_ftn18
[15] clik://LEGIS/VEA/section 5Q(1)
[16] clik://LEGIS/VEA/section 5C
[17] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn7
[18] clik://LEGIS/VEA/section 13
[19] clik://LEGIS/VEA/section 70
[20] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn8
[21] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/121-qualifying-service/determinations-warlike-service
[22] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn9
[23] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-pension/operational-service
[24] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn10
[25] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-pension/peacekeeping-service
[26] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn11
[27] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-pension/hazardous-service
[28] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn12
[29] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-pension/eligible-war-service
[30] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn13
[31] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn14
[32] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service
[33] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn15
[34] clik://LEGIS/VEA/section 9(6)
[35] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn16
[36] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn17
[37] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/45-medical-connections-service
[38] https://clik.dva.gov.au/book/export/html/15980#ref-cspol_part4_ftn18
[39] http://www.comlaw.gov.au/Details/C2015C00011
[40] http://clik.dva.gov.au/legislation-library
[41] clikpopup://DEF/VEA