Document ID: chunk:federal_register_of_legislation:C2024C00825:section:122:p1
Version: federal_register_of_legislation:C2024C00825
Segment Type: section
Provision Reference: s 122 (pt 1/2)
Character Range: 437754–440355

122  Adjustment of increase in case of persons who become entitled to pension after previous increase
 (1) The following provisions of this section have effect if:
 (a) a person would, but for this section, be entitled to an increase in the amount of the annual pension that was payable in accordance with section 119W to the person immediately before the commencement of a prescribed half‑year; and
 (b) if the pension was payable to the person otherwise than as a widow or widower—the pension became payable during the half‑year immediately preceding the relevant prescribed half‑year; and
 (c) if the pension was payable to the person as a widow or widower and:
 (i) if a pension in accordance with section 119W was not payable to the husband or wife of the person immediately before his or her death—the pension became payable during the half‑year immediately preceding the relevant prescribed half‑year; or
 (ii) if a pension in accordance with that section was payable to the husband or wife of the person immediately before his or her death—the pension that was payable to that husband or wife became payable during the half‑year immediately preceding the relevant prescribed half‑year.
 (2) If the pension that became payable by virtue of section 119W to the person, or, in a case where subparagraph (1)(c)(ii) applies, to the husband or wife of the person, became so payable after 16 June or 16 December (as the case requires) in the half‑year immediately preceding the relevant prescribed half‑year, the person is not entitled to the increase.
 (3) If the pension that became payable by virtue of section 119W to the person, or, in a case where subparagraph (1)(c)(ii) applies, to the husband or wife of the person, became so payable on or before 16 June or 16 December (as the case requires) in the half‑year immediately preceding the relevant prescribed half‑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 became payable, and ended on 30 June or 31 December (as the case requires) in that immediately preceding half‑year bears to 6.
 (4) If the period referred to in subsection (3) is less than 1 month that period shall be treated as 1 month.
 (5) If the period referred to in subsection (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