Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p48
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 111179–113602

or death took place, or the pension under section 119w became payable, and ended on 30 June in that immediately preceding year bears to 12.

"(4) If the period referred to in sub-section (3) is less than 1 month, that period shall be treated as 1 month.

"(5) If the period referred to in sub-section (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.

Additional increase in widow's or widower's pension on 1 July 1976.
"123. (1) Where a widow or widower is in receipt of a pension payable under sub-section (1) of section 46, or sub-section (1) of section 47, of this Act immediately before 1 July 1976, the widow or widower is entitled to an increase in the amount of the annual pension so payable of an amount ascertained in accordance with the formula—

A (B + C)
where—
    A is 0.072 or, if the person is the widow of a contributor who had elected that section 26 of this Act should not apply to the contributor, 0.08;
    B is the amount of the annual pension payable immediately before 1 July 1976; and
    C is the increase (if any) in the amount of the annual pension to which the widow or widower is entitled, otherwise than under this sub-section, on 1 July 1976.

"(2) An increase payable by virtue of sub-section (1) in the amount of the annual pension that was payable to a person immediately before 1 July 1976 applies in relation to the instalment of pension falling due on 1 July 1976 and in relation to all subsequent instalments.

Modification of sections 46,47 and 48.
"124. (1) In calculating for the purposes of sub-section (5) of section 46 the amount of the annual rate of the pension that, but for the death of a widow or widower, would, by virtue of sub-section (1) of that section, have been payable to the widow or widower or have been so payable but for sub-section (2) of that section, any amount by which that amount would have been increased by virtue of the operation of Part Xb or of this Part shall be taken into account.

"(2) In calculating for the purposes of sub-section (5) of section 47 the amount of the annual rate of pension