58Proportionate increase for part of a year

58 Proportionate increase for part of a year

(1) This rule applies to a pension or associate pension if: (a) the person to whom the pension or associate 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 or associate pension was payable to him or her immediately before the commencement of the prescribed half‑year; and (b) the person is: (i) a retirement pensioner and the pension became payable to him or her during the preceding half‑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 half‑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 half‑year; or (iv) a person who receives an associate pension in relation to a member spouse’s pension or associate pension and the member spouse’s pension or associate pension became payable to the member spouse during the preceding half‑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; or (c) where subparagraph (1)(b)(iv) applies—the pension or associate pension that was payable to the member spouse; became payable after 16 June or 16 December in the preceding half‑year, the person is not entitled to the increase. (3) If: (a) the pension or associate 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; or (c) where subparagraph (1)(b)(iv) applies—the pension or associate pension that was payable to the member spouse; became payable on or before 16 June or 16 December in the preceding half‑year, the amount of the increase is worked out using the formula: Image unavailable in extracted text where:

full increase means the amount of the increase that would have been applicable but for this subrule.

number of months in period means the number of months in the period that began on the day on which the pension or associate pension referred to in paragraph (a), (b) or (c) of this subrule became payable and ended on 30 June or 31 December in the preceding half‑year.

(4) If the period referred to in subrule (3) is less than one month, that period is treated as one month. (5) If the period referred to in subrule (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 is disregarded; and (b) where the number of days in that part of that month is more than one‑half of the number of days in that month—that part is treated as a whole month. (7) In this rule: