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Defence Forces Retirement Benefits Act 1948
84BAdjustment of increases in case of certain pensions
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#### 84B Adjustment of increases in case of certain pensions
(1) Where a person in receipt of a pension payable in accordance with section 82ZB would, but for this section, be entitled to an increase in the rate at which the pension was payable to the person immediately before the commencement of the prescribed half‑year and:
(a) if the pension became payable to the person otherwise than as a widow—the pension became payable to the person during the half‑year (in this section referred to as the preceding half‑year) immediately preceding that prescribed half‑year;
(b) if the pension became payable to the person as the widow of another person and pension in accordance with that section was not payable to that other person immediately before his death—the pension became payable to the widow during the preceding half‑year; or
(c) if the pension became payable to the person as the widow of another person and pension in accordance with that section was payable to that other person immediately before his death—pension became payable to that other person during that preceding half‑year;
the following provisions of this section have effect in relation to the first‑mentioned pension.
(2) If the pension that became payable by virtue of section 82ZB to the person, or, in a case where paragraph (1)(c) applies, to another person in relation to whom the person is a widow, became so payable after 16 June or 16 December (as the case requires) in the preceding half‑year, the person is not entitled to an increase.
(3) If the pension that became payable by virtue of section 82ZB to the person, or, in a case where paragraph (1)(c) applies, to another person in relation to whom a person is a widow, became so payable on or before 16 June or 16 December (as the case requires) in the preceding half‑year, the amount of the increase is so much only of the amount that, but for this section, would have been the amount of the increase as bears to the last‑mentioned amount the same proportion as the number of months in the period that commenced on the day on which the pension became payable, and ended on 30 June or 31 December (as the case requires) in the preceding half‑year bears to 6.
(4) If the period referred to in subsection (3) is less than 1 month, that period shall be treated as 1 month.
(5) If the period referred to in subsection (3) consists of a number of whole months and a part of a month:
(a) where the number of days in that part of that month is less than one‑half of the number of days in that month—that part shall be disregarded; and
(b) where the number of days in that part of that month is not less than one‑half of the number of days in that month—that part shall be treated as a whole month.