Document ID: chunk:federal_register_of_legislation:C2004A00007:section:7:p1
Version: federal_register_of_legislation:C2004A00007
Segment Type: section
Provision Reference: s 7 (pt 1/2)
Character Range: 6134–8645

7  Adjustment of increase

 (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 1st July, 1973, and:
 (a) that pension is payable in respect of the retirement or death of a contributor on or after 1st October, 1971; or
 (b) in the case of a pension payable in accordance with section 82ZB:
 (i) if the pension was payable to the person otherwise than as a widow—the pension became payable on or after 1st October, 1971; or
 (ii) if the pension was payable to the person as a widow:
 (A) if a pension in accordance with that section was not payable to the husband of the person immediately before his death—the pension became payable on or after 1st October, 1971; or
 (B) if a pension in accordance with that section was payable to the husband of the person immediately before his death—the pension that was payable to that husband became payable on or after 1st October, 1971;
the following provisions of this section have effect.

 (2) Subject to the succeeding provisions of this section, the amount of the increase under section 5 is, by virtue of this subsection, so much only of the amount that, but for this subsection, would have been the amount of the increase under section 5 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 referred to in paragraph (1)(a) took place, or the pension referred to in subparagraph (1)(b)(i), clause (1)(b)(ii)(A) or clause (1)(b)(ii)(B), as the case may be, became payable, and ended on 30th June, 1973, bears to twenty‑one.

 (3) If the pension in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948‑1973 became payable after 15th June, 1973, the person is not entitled to the increase under section 5.

 (4) If the period referred to in subsection (2) is less than one month, that period shall be treated as one month.

 (5) If the period referred to in subsection (2) consists of a number of whole months and a part of a month:
 (a) where the number of days in that part of a month is less than one‑half of the number of days in that month—that part of a month shall be disregarded; and
 (b) where the number of days in that part of a month is not less than one‑half of the number of days in that month—that part of a month shall be treated as a whole month.

 (6) Where:
 (a) subsection 69(1A) of the Defence