Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:59:p1
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 59 (pt 1/2)
Character Range: 130997–133565

59  Adjustment in connection with invalidity reclassification
 (1) Where:
 (a) a person to whom an invalidity pension is payable is reclassified from Class A to Class B or vice versa under rule 23 during a prescribed half‑year; and
 (b) the person became entitled at the beginning of that half‑year to an increase under this Division in the rate at which that invalidity pension was payable to him or her immediately before the beginning of that half‑year;
the rate at which the pension is payable to him or her on and after the date from which the reclassification has effect is the rate at which the pension would have been payable to him or her at the beginning of the half‑year if his or her classification, on and after the date on which he or she became entitled to the pension, had been in accordance with the reclassification.
 (2) Where:
 (a) a person to whom an invalidity pension was payable ceased to be entitled to an invalidity pension because of his or her reclassification under rule 23; and
 (b) in consequence of a further reclassification under that rule he or she again becomes entitled to an invalidity pension;
the rate at which the pension is payable to him or her on and after the date from which the latter reclassification has effect is the rate at which the pension would have been payable to him or her if:
 (c) he or she had not ceased to be entitled to an invalidity pension in consequence of the first mentioned reclassification; and
 (d) his or her classification, on and after the date on which he or she first became entitled to an invalidity pension, had been in accordance with the further reclassification.
 (3) Where:
 (a) a person to whom an invalidity pension was payable ceased to be entitled to an invalidity pension because of his or her reclassification under rule 23; and
 (b) in consequence of a further reclassification under that rule after his or her death he or she would, had he or she not died, have again become entitled to an invalidity pension;
then, for the purpose of calculating benefits for any surviving spouse or eligible child of the invalidity pensioner, the invalidity pensioner is to be taken to have been, immediately before his or her death, in receipt of an invalidity pension at the rate at which that pension would have been payable to him or her if:
 (c) he or she had not ceased to be entitled to invalidity pension in consequence of the first‑mentioned reclassification; and
 (d) his or her classification, on and after the date on which he or she first became entitled to an invalidity pension,