48Restriction on automatic adjustment of pension

48 Restriction on automatic adjustment of pension

48 Restriction on automatic adjustment of pension

(1) If the Board is of the opinion that an increase in accordance with this Part in the pension payable to a person would prejudicially affect that person as regards some advantageous situation in which, but for being so affected, that person would be placed, the Board may—

(a) determine not to pay the amount of the increase, or

(b) determine to pay a specified increase of a lesser amount, or

(c) determine to decrease the pension to a specified amount.

(2) A determination made under subclause (1) has effect according to its tenor, and once the determination has had effect a person is not entitled to be paid or to recover any amount that would have been payable but for the determination.

(3) A determination made under subclause (1) must be disregarded in calculating a pension payable to the spouse of a deceased pensioner to whom the determination relates but such a determination may be made in relation to the pension so calculated.

cll 48: Subst 30.3.1990.