Document ID: chunk:federal_register_of_legislation:C2016C00054:section:11:p1
Version: federal_register_of_legislation:C2016C00054
Segment Type: section
Provision Reference: s 11 (pt 1/2)
Character Range: 22075–24635

11  Adjustment of increase in case of certain pensions that first became payable after previous increase granted under this Part
 (1) Where a person in receipt of a pension payable in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948 would, but for this section, be entitled to an increase in the amount of the annual pension that was payable to the person immediately before the commencement of a prescribed year and:
 (a) if the pension became payable to the person otherwise than as a widow—it became payable on or after 1 July in the year immediately preceding the prescribed year; or
 (b) if the pension became payable to the person as a widow:
 (i) in a case where a pension in accordance with that section was not payable to the person's husband immediately before his death—the pension became payable on or after 1 July in the year immediately preceding the prescribed year; or
 (ii) in a case where a pension in accordance with that section was payable to the person's husband immediately before his death—the pension became payable on or after 1 July in the year immediately preceding the prescribed year;
the following provisions of this section have effect.
 (2) Subject to the succeeding provisions of this section, the amount of the increase under section 7 is, by virtue of this subsection, so much only of the amount that, but for this subsection, would have been the amount of the increase under that section as bears to that last‑mentioned amount the same proportion as the number of months in the period that commenced on the day on which the pension referred to in paragraph (1)(a), subparagraph (1)(b)(i) or subparagraph (1)(b)(ii) became payable, and ended on 30 June of the year immediately preceding the prescribed year, bears to 12.
 (3) If the pension in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948 became payable after 15 June in the year immediately preceding the prescribed year, the person is not entitled to the increase under section 7.
 (4) If the period referred to in subsection (2) is less than 1 month, that period shall be treated as 1 month.
 (5) If the period referred to in subsection (2) consists of a number of whole months and a part of a month:
 (a) where the number of days in that part of a month is less than one‑half of the number of days in that month—that part of a month shall be disregarded; and
 (b) where the number of days in that part of a month is not less than one‑half of the number of days in that month—that part of a month shall be