This topic covers the requirements for operational service [2] and qualifying service [2] in the Vietnam hostilities, as well as the recognised periods of service before and after Australia's involvement in the hostilities.
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To have qualifying service for a service pension [2] a Vietnam veteran must have:
To have operational service for a disability compensation payment [2], a Vietnam veteran must have:
Before the commencement of Australia's operational involvement in Vietnam, the HMAS Vampire and HMAS Quickmatch visited Saigon on 25-29 January 1962. The period of the visit is classified as operational service but not qualifying service.
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Australia's operational presence in Vietnam officially ended on 11 January 1973. Following this date:
Members of the defence force who served in Vietnam from 12 January 1973 to 29 April 1975 have warlike service and consequently operational and qualifying service.
The determinations made to date cover the following members of the Defence Force:
Among the Defence Personnel providing welfare services were members of the various military bands.
The service documents of these people should indicate that they have been deemed to be on full-time service and/or deemed to be allotted for duty in an operational service. If there is any discrepancy between what the claimant is contending and the official records, further advice should be obtained from the relevant service.
Determinations have been made in respect of representatives of the following approved philanthropic organisations, who provided welfare services to the Defence Force, that they were members of the Defence Force rendering continuous full-time service in an operational area:
If claims are received from any of these, full details of the service should be obtained from the claimant. It may be necessary to verify the situation with the Soldier Career Management Agency.
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Compensation benefits for civilians in Vietnam is determined solely on the basis of their employment. For example, medical and surgical teams provided under a SEATO aid program were given salary, travel expenses and accommodation by the Australian Government and were subject to general Public Service terms and conditions of employment. They and other civilians employed by the Australian Government but who did not serve directly in support of the Defence Force in Vietnam are covered by the Safety Rehabilitation and Compensation Act 1988 (SRCA).
Members of the SEATO medical teams are eligible for a Gold Card under the Treatment Benefits (Special Access) Act 2019, but are not eligible for benefits under the VEA and are not considered to have rendered Qualifying Service.
Official entertainers' who toured Vietnam under the auspices of the Australian Defence Force are not covered under the VEA. However, depending on the terms of their contracts, they may have coverage under the SRCA.
Independent concert parties or entertainers are not covered under either Act. Nor are journalists working for Australian newspapers or Australians working as civilians for the US Army.
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.
Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA [15] for the full defintion.
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
For the purposes of determining a person's eligibility for entitlements under the VEA, being allotted for duty in an operational area (schedule 2 [16] VEA refers) is a reference to a person or unit of the Defence Force, that is allotted for duty by written instrument issued by the:
Allotment may be retrospective or prospective.
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.
For the purposes of determining a person's eligibility for entitlements under the VEA, being allotted for duty in an operational area (schedule 2 [16] VEA refers) is a reference to a person or unit of the Defence Force, that is allotted for duty by written instrument issued by the:
Allotment may be retrospective or prospective.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16663%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/16663#tgt-cspol_part1_ftn125
[4] https://clik.dva.gov.au/book/export/html/16663#tgt-cspol_part1_ftn126
[5] https://clik.dva.gov.au/book/export/html/16663#tgt-cspol_part1_ftn127
[6] https://clik.dva.gov.au/book/export/html/16663#tgt-cspol_part1_ftn128
[7] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/15-periods-conflicts-and-operational-areas/152-post-world-war-2/vietnam-hostilities-period-and-operational-areas
[8] https://clik.dva.gov.au/book/export/html/16663#ref-cspol_part1_ftn125
[9] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/121-qualifying-service
[10] https://clik.dva.gov.au/book/export/html/16663#ref-cspol_part1_ftn126
[11] https://clik.dva.gov.au/history-library/part-1-military-history/ch-5-vietnam-war-and-north-east-thailand/s-3-units-allotted-operational-service
[12] https://clik.dva.gov.au/book/export/html/16663#ref-cspol_part1_ftn127
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/123-requirement-continuous-full-time-service
[14] https://clik.dva.gov.au/book/export/html/16663#ref-cspol_part1_ftn128
[15] http://clik.dva.gov.au/legislation-library
[16] http://clik.dva.gov.au/node/32981