Document ID: chunk:federal_register_of_legislation:C2016C00054:section:10:p1
Version: federal_register_of_legislation:C2016C00054
Segment Type: section
Provision Reference: s 10 (pt 1/2)
Character Range: 19101–21576

10  Adjustment of first increase under this Part in case of pensions that first became payable on or after 1 October 1971
 (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 1 July 1973, and:
 (a) that pension is payable in respect of the retirement or death of a contributor on or after 1 October 1971; or
 (b) in the case of a pension payable in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948:
 (i) if the pension was payable to the person otherwise than as a widow—the pension became payable on or after 1 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 1 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 1 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 6 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 that section 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 30 June 1973, bears to 21.
 (3) If the pension in accordance with section 82ZB of the Defence Forces Retirement Benefits Act 1948 became payable after 15 June 1973, the person is not entitled to the increase under section 6.
 (4) If the period referred to in subsection (2) is less than 1 month, that period shall be treated as 1 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