Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p11
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 23605–26080

had not died; or
    (c) where the pension is payable under sub-section (1) of section 48 of this Act—the relevant percentage of—
       (i) in a case where the eligible child is the child of a deceased contributor—the rate of pension that would have been payable under section 45 of this Act to the deceased contributor at that time if he had not died but had, on the day of his death, retired on the ground of invalidity; or
       (ii) in a case where the eligible child is the child of a deceased pensioner—the rate of pension that would have been payable under section 43, 43a, 44 or 45 of this Act to the deceased pensioner at that time if he had not died.

Application of section 47 on and after 1 July 1976.
"48ad. In the application of section 47 of this Act in respect of a pensioner who dies on or after 1 July 1976 leaving a widow or widower—

    (a) the reference in sub-section (1) to the fraction of five-eighths shall be read as a reference to 67 per centum; and
    (b) the reference in that sub-section to the fraction of one-half shall be read as a reference to 54 per centum.".

(2) Where, on the pension pay-day occurring on 1 July 1976, the rate of a child's pension is, by virtue of sub-section 48ac(2) of the Principal Act as amended by this Act, higher than the rate at which it would otherwise have been payable on that day, the instalment of pension payable on that day shall be such amount as would have been payable if the higher rate had been applicable on that day and on each of the preceding 13 days.

Pension not payable in certain circumstances.
29. (1) Section 48b of the Principal Act is amended by adding at the end thereof the following sub-section: —

"(2) Where a contributor is a prescribed employee within the meaning of Part VIIa, sub-section (1) of this section applies to and in relation to the contributor as if—

    (a) the reference in paragraph (a) of sub-section (1) of this section to the period of 3 years after the obligation of a contributor to contribute to the Fund under Part III came into existence were a reference to a period of 3 years after the employee's obligation to contribute to a State Fund within the meaning of Part VIIa came or last came into existence; and

    (b) the references in paragraphs (b) and (c) of sub-section (1) of this section to the medical examination referred to in sub-section (1) or (2) of section 5 were references to the medical examination by virtue of the results of which the