Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p38
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 38/48)
Character Range: 121802–124368

prescribed year; and
B is the highest all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the March quarter of any year earlier than the year that commenced on 1 July 1990.
(3) Where, by reason of the death on 30 June in the year immediately preceding a prescribed year of a person in receipt of a pension, a pension becomes payable on the following day to another person, that other person is entitled to such an increase in the rate of that pension as he or she would have been entitled to had the pension become payable to him or her on that 30 June.
Application of increase to suspended pension
57. Where a pension would, but for its suspension under rule 25, be payable to a person immediately before the commencement of a prescribed year, that pension is, for the purposes of this Part, taken to have been payable to that person immediately before the commencement of that prescribed year but any increase in the rate of that pension by virtue of this Part does not take effect until the day on which the pension again becomes payable.
Proportionate increase for part of a year
58. (1) This rule applies to a pension where:
     (a) the person to whom the pension is payable would, but for this rule, be entitled to an increase, in accordance with rule 56, in the rate at which the pension was payable to him or her immediately before the commencement of the prescribed year; and
     (b) the person is:
          (i) a retirement pensioner and the pension became payable to him or her during the preceding year; or
          (ii) the spouse of, or eligible child in relation to, a deceased person who was a member immediately before his or her death and the pension became payable to the spouse or child, as the case may be, during the preceding year; or
          (iii) the spouse of, or eligible child in relation to, a deceased person who was a retirement pensioner immediately before his or her death and the deceased person's pension became payable to the deceased person during the preceding year.
(2) If:
     (a) the pension; or
     (b) where subparagraph (1) (b) (iii) applies—the pension that was payable to the deceased person in relation to whom the person was a spouse or eligible child;
became payable after 16 June in the preceding year, the person is not entitled to the increase.
(3) If:
     (a) the pension; or
     (b) where subparagraph (1) (b) (iii) applies—the pension that was payable to the deceased person in relation to whom the person was a spouse or