Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p29
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 69308–72147

deceased person became payable during the preceding year; or
         (c) in a case where the pension is orphan pension—
            (i) if, immediately before the death of the person by reason of whose death the orphan pension became payable, a pension (other than a partial invalidity pension) was not payable to the deceased person—the orphan pension became payable during the preceding year;
            (ii) if, immediately before the death of the person by reason of whose death the orphan pension became payable, spouse's pension was payable to the deceased person—the spouse's pension became payable during the preceding year and pension (other than partial invalidity pension) was not payable to the person in relation to whom the deceased person was a spouse or was not payable for the part of the year that spouse's pension was not payable to the deceased person; or
            (iii) if, immediately before the death of the person by reason of whose death the orphan pension became payable, a pension (other than a partial invalidity pension or a spouse's pension) was payable to the deceased person—the pension that was payable to the deceased person became payable during the preceding year,
    the following provisions of this section have effect in relation to that first-mentioned pension.
       "(2) If—
       (a) the pension;

       (b) where clause (1)(b)(ii) or (1)(c)(iii) applies—the pension that was payable to the deceased person;
       (c) where clause (1)(c)(ii) applies and pension was not payable to the person in relation to whom the deceased person was a spouse—the pension that was payable to the deceased person; or
       (d) where clause (1)(c)(ii) applies and pension was payable to the person in relation to whom the deceased person was a spouse—that last-mentioned pension,
    became payable after 16 June in the preceding year, the person is not entitled to the increase.
       "(3) If—
       (a) the pension;
       (b) where clause (1)(b)(ii) or (1)(c)(iii) applies—the pension that was payable to the deceased person;
       (c) where clause (1)(c)(ii) applies and pension was not payable to the person in relation to whom the deceased person was a spouse—the pension that was payable to the deceased person; or
       (d) where clause (1)(c)(ii) applies and pension was payable to the person in relation to whom the deceased person was a spouse—that last-mentioned pension,
    became payable on or before 16 June in the preceding year, the amount of the increase is so much only of the amount that but for this section would have been the amount of the increase 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 whichever of paragraphs (a), (b), (c) and (d) is applicable became