Document ID: chunk:federal_register_of_legislation:C2004A01816:body:0:p2
Version: federal_register_of_legislation:C2004A01816
Segment Type: other
Provision Reference: 
Character Range: 2437–5153

(not being a person who, if that Act had come into force before the deceased contributor had died, would, at the time of the deceased contributor's death, have been a spouse of the deceased contributor for the purposes of that Act), the Commissioner may grant, from such date as the Commissioner specifies, a pension in respect of the person under section 46 or 48 of this Act at such rate and on such conditions as the Commissioner, having regard to such matters (if any) as are prescribed and such other matters as he considers relevant, determines.
     "(1b) The date specified by the Commissioner under sub-section (1) or (1a) in relation to the granting of an entitlement to pension shall not, unless the Commissioner is satisfied that special circumstances exist that justify an earlier date being so specified, be a date earlier than the date of the direction, and shall not, in any event, be a date earlier than 1 July 1976.";
     (c) by inserting in sub-section (3) ", having regard to such matters (if any) as are prescribed and such other matters as he considers relevant," after "the Commissioner" (last occurring);
     (d) by inserting after sub-section (3) the following sub-sections:
     "(3a) The Commissioner shall not grant a pension under sub-section (1) in relation to a deceased pensioner if the granting of that pension, or the granting of that pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under this Act at that time in relation to the deceased pensioner exceeding the rate of pension to which the deceased pensioner would have been entitled under this Act at that time if he had not died.
     "(3b) The Commissioner shall not grant a pension under sub-section (1a) in relation to a deceased contributor if the granting of that pension, or the granting of that pension at the rate that the Commissioner proposes to determine, would result in the aggregate of the rates of pension payable under this Act at that time in relation to the deceased contributor exceeding the rate of pension to which the deceased contributor would have been entitled under this Act at that time if he had not died but had, on the day immediately following the date of his death, become entitled to pension under section 38.
     (e) by omitting from sub-section (4) "of this section" (wherever occurring) and substituting "or (1a)"; and
     (f) by omitting from sub-section (5) "sub-section (1)" and substituting ''this section'

(2) Section 48ab of the Principal Act is amended by inserting after sub-section (1b) the following sub-section:
"(1c) A determination by the Commissioner for the purposes of sub-section (1) or (1a)