Document ID: chunk:federal_register_of_legislation:C2004A04978:body:0:p21
Version: federal_register_of_legislation:C2004A04978
Segment Type: other
Provision Reference: 
Character Range: 49676–52444

Calculator in section 42 (Table G-1—item 2—column 2):

Omit "(partner getting neither pension nor benefit)".

54. Point 42-G3 of the Rate Calculator in section 42 (Table G-1—item 3):

Omit the item.

55. Point 42-G3 of the Rate Calculator in section 42 (Note 1):

Omit the Note, substitute:

"Note 1: For member of a couple and partnered see section 5E.".

SCHEDULE 4—continued

56. Point 42-G3 of the Rate Calculator in section 42 (Note 3):

Omit "items 2 and 3 apply", substitute "Item 2 of Table G-l applies".

57. Point 42-G4 of the Rate Calculator in section 42 (Note 3):

Omit the Note.

58. Subsection 43(3):

Omit the subsection.

59. Point 43-B1 of the Rate Calculator in section 43 (Table B—item 2):

Omit the item.

60. Point 43-B1 of the Rate Calculator in section 43 (Table B—item 3—column 2):

Omit "(partner getting pension or benefit)".

61. Point 43-B1 of the Rate Calculator in section 43 (Note 1):

Omit the Note, substitute:

     "Note 1: For member of a couple and partnered see section 5E^and for illness separated couple and respite care couple see subsections 5R(5) and (6).".

62. Point 43-C2 of the Rate Calculator in section 43 (Table C-1—item 3—column 8):

Insert "woman".

63. Point 43-C2 of the Rate Calculator in section 43 (Table C-1—item 7—column 4):

Insert "man".

64. Before section 197:

Insert in Part XII:

Saving and transitional provisions

"197A. The saving and transitional provisions in Schedule 5 have effect according to their terms.".

65. After Schedule 4:

Add:

                      "SCHEDULE 5 Section 197A

"SAVINGS AND TRANSITIONAL PROVISIONS

Service pensions—changes introduced on 1 October 1995

"1.(1) Despite sections 41, 42, and 43, if:

SCHEDULE 4—continued

(a) a person was receiving a service pension immediately before 1 October 1995; and

(b) the person was a member of a couple immediately before 1 October 1995; and

    (c) the person's partner was not, immediately before 1 October 1995, receiving a social security pension, a service pension or an income support supplement; and

    (d) the amount that was the person's maximum basic rate in respect of the service pension for the last payment period before 1 October 1995 exceeds the amount of the person's maximum basic rate on 1 October 1995; and

  (e) the amount of that excess exceeds, in relation to a particular period, the sum of:

       (i) the increased amounts (if any) for the original components of the rate of service pension payable to the person in respect of the payment period; and

       (ii) the new components (if any) of the rate of service pension payable to the person in respect of the payment period; and

     (iii) the increased amounts (if any) for those new components; and

  (f) this clause has not ceased to