Document ID: chunk:federal_register_of_legislation:C2004A01463:body:0:p47
Version: federal_register_of_legislation:C2004A01463
Segment Type: other
Provision Reference: 
Character Range: 108785–111396

after previous increase.
"122. (1) Where a person would, but for this section, be entitled to an increase in the amount of the annual pension that was payable to the person immediately before the commencement of a prescribed year and—

    (a) that pension became payable by reason of the retirement of the person during the year that ended on 30 June 1976;
    (b) where the pension was payable to the person as a widow or widower—

        (i) that pension became payable by reason of the death before retirement of the husband or wife of the person during the year that ended on 30 June 1976; or

        (ii) the pension that was payable to the husband or wife of the person became payable by reason of the retirement of that husband or wife during the year that ended on 30 June 1976; or
(c) in the case of a pension payable in accordance with section 119w-

        (i) if the pension was payable to the person otherwise than as a widow or widower—the pension became payable during the year immediately preceding the relevant prescribed year; or
(ii) where the pension was payable to the person as a widow or widower—
            (A) if a pension in accordance with that section was not payable to the husband or wife of the person immediately before his or her death—the pension became payable during the year immediately preceding the relevant prescribed year; or
            (B) 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 year immediately preceding the relevant prescribed year,
the following provisions of this section have effect.

"(2) If the retirement or death took place, or the pension under section 119w 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 under section 119w 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 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 after the day on which the retirement 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