Document ID: chunk:federal_register_of_legislation:C2004A00163:section:8:p1
Version: federal_register_of_legislation:C2004A00163
Segment Type: section
Provision Reference: s 8 (pt 1/2)
Character Range: 6212–8743

8  Amount of increase in certain pensions

 (1) Where, immediately before 1 July 1974, a pension was payable to a person:
 (a) being a pension that became payable to the person before 1 July 1973; or
 (b) being a pension that became payable, on or after 1 July 1973, to the person as a widow by reason of the death of a contributor who retired before 1 October 1972;
this section applies to the person.

 (2) The increase provided for by section 7 in the annual amount of the pension payable to a person to whom this section applies is the prescribed percentage of an amount equal to the annual amount of the pension payable immediately before 1 July 1974 less:
 (a) in the case of a pension referred to in paragraph (1)(a):
 (i) subject to subparagraph (ii) or (iii)—22.5 per centum of the annual amount of the pension payable immediately before 1 July 1973;
 (ii) if the pension is payable to the person under section 52 of the Defence Forces Retirement Benefits Act 1948‑1973 and the person has been re‑classified under section 53 of that Act on or after 1 July 1973 but before 1 July 1974 and his classification immediately before 1 July 1974 is different from his classification immediately before 1 July 1973—22.5 per centum of the annual amount of the pension that would have been payable to the person immediately before 1 July 1973 if his classification immediately before 1 July 1974 had been his classification on 30 June 1973; or
 (iii) if a portion of the person's pension has been commuted, or several portions of the person's pension have been commuted, on or after 1 July 1973 but before 1 July 1974—22.5 per centum of the annual amount of the pension that would have been payable to the person immediately before 1 July 1973 if that portion or those portions of his pension had been commuted on 29 June 1973; or
 (b) in the case of a pension referred to in paragraph (1)(b)—22.5 per centum of the annual amount of the pension that would have been payable to the widow immediately before 1 July 1973 if her husband had died on 29 June 1973.

 (3)  Where a pension would, but for its suspension under section 53B of the Defence Forces Retirement Benefits Act 1948‑1973, have been payable to a person immediately before 1 July 1973 or immediately before 1 July 1974, that pension shall, for the purposes of this section, be deemed to have been payable to that person immediately before whichever of those dates is relevant, but any increase in that pension by virtue of this section does not take effect in respect of