Commonwealth Consolidated Acts

DEFENCE FORCES RETIREMENT BENEFITS ACT 1948 - SECT 84C

  (1)   Section   84 does not apply to a pension payable to or in respect of an eligible child, but, for the purposes of paragraph   55(1)(b), subsection   55(2), paragraph   57(1)(b), subsection   57(4) and subsection   58(1), regard shall be had to any increase in the rate of a pension payable under paragraph   55(1)(a), under paragraph   57(1)(a) or under subsection   57(3) to which, by virtue of this Act, a widow is, or, but for her death or divorce, would be, entitled.

  (2)   If the all groups consumer price index number for the weighted average of the 8 capital cities published by the Statistician in respect of the first quarter of the half - year immediately preceding a prescribed half - year exceeds 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 first quarter of any earlier half - year, not being a half - year earlier than the half - year that commenced on 1   July 1985:

  (a)   paragraphs 55(1)(b) and 57(1)(b) have effect as if, for the amount of $312, there were substituted; and

  (b)   subsections   55(2), 57(4) and 58(1) have effect as if, for the amount of $5,000, there were substituted;

on the first day of that prescribed half - year, an amount calculated by adding to the existing amount the prescribed percentage of the existing amount.

  (3)   For the purposes of the application of subsection   (2) to a provision specified in that subsection, the existing amount is:

  (a)   in relation to the prescribed half - year that commenced on 1   January 2002--the amount that was the existing amount in relation to that provision, as calculated under this section immediately before the commencement of Schedule   2 to the Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004 ; and

  (b)   in relation to any subsequent prescribed half - year--the amount that, because of a previous application or previous applications of subsection   (2), is taken to have been substituted, or last substituted, for the amount specified in that provision.