Document ID: chunk:federal_register_of_legislation:F1997B02154:body:0:p4
Version: federal_register_of_legislation:F1997B02154
Segment Type: other
Provision Reference: 
Character Range: 7741–10367

year; or
          (ii) the pension that was payable to the husband of the person became payable by reason of the retirement of that husband during the year immediately preceding that prescribed year; or
      (c) in the case of a pension payable in accordance with regulation 96—
          (i) if the pension was payable to the person otherwise than as a widow—the pension became payable during the year immediately preceding that prescribed year; or

          (ii) where the pension was payable to the person as a widow—
              (a) if a pension in accordance with that regulation was not payable to the husband of the person immediately before his death—the pension became payable during the year immediately preceding that prescribed year; or
              (b) if a pension in accordance with that regulation was payable to the husband of the person immediately before his death—the pension that was payable to that husband became payable during the year immediately preceding that prescribed year,
      the following provisions of this regulation have effect.
" (2) If the retirement or death took place, or the pension in accordance with regulation 96 became payable, after 15 June in the year immediately preceding the relevant prescribed year, the person is not entitled to the increase.
" (3) If the retirement or death took place, or the pension in accordance with regulation 96 became payable, on or before 15 June in the year immediately preceding the relevant prescribed year, the amount of the increase is so much only of the amount that, but for this regulation, 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 after the day on which the retirement or death took place, or the pension in accordance with regulation 96 became payable, and ended on 30 June in that first-mentioned year bears to 12.
" (4) If the period referred to in sub-regulation (3) is less than 1 month, that period shall be treated as 1 month.
" (5) If the period referred to in sub-regulation (3) 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 treated as a whole month.

Modification.
" 111d. (1) In calculating for the purposes of sub-regulation 41 (2) the amount of the annual rate of