Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_150:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 150 (pt 1/2)
Character Range: 642307–645096

150  Adjustment of increase in case of certain pensions
 (1) Where a person to whom pension has become payable (whether or not it has become payable to the person by virtue of section 136) would, but for this section, be entitled to an increase in the rate at which the pension was payable to or in respect of the person immediately before the commencement of a prescribed half‑year and:
 (a) in a case where the pension is age retirement pension, early retirement pension or invalidity pension—it became payable to the person during the half‑year (in this section referred to as the preceding half‑year) immediately preceding the prescribed half‑year;
 (b) in a case where the pension is spouse's pension:
 (i) if, immediately before the death of the person by reason of whose death the spouse's pension became payable, a pension (other than a partial invalidity pension) was not payable to the deceased person—the spouse's pension became payable during the preceding half‑year; or
 (ii) if, immediately before the death of the person by reason of whose death the spouse's pension became payable, a pension (other than a partial invalidity pension) was payable to the deceased person—the pension that was payable to the deceased person became payable during the preceding half‑year; or
 (c) in a case where the pension is orphan pension:
 (i) if, immediately before the death of the person by reason of whose death the orphan pension became payable, a pension (other than a partial invalidity pension) was not payable to the deceased person—the orphan pension became payable during the preceding half‑year;
 (ii) if, immediately before the death of the person by reason of whose death the orphan pension became payable, spouse's pension was payable to the deceased person—the spouse's pension became payable during the preceding half‑year and pension (other than partial invalidity pension) was not payable to the person in relation to whom the deceased person was a spouse or was not payable for the part of the half‑year that spouse's pension was not payable to the deceased person; or
 (iii) if, immediately before the death of the person by reason of whose death the orphan pension became payable, a pension (other than a partial invalidity pension or a spouse's pension) was payable to the deceased person—the pension that was payable to the deceased person became payable during the preceding half‑year;
the following provisions of this section have effect in relation to that first‑mentioned pension.
 (2) If:
 (a) the pension;
 (b) where clause (1)(b)(ii) or (1)(c)(iii) applies—the pension that was payable to the deceased person;
 (c) where clause (1)(c)(ii) applies and pension was not payable to the person in relation to whom the deceased person was a spouse—the pension that