Updated 23 October 2012
Gender recognition: equal treatment for state pension
The Pension Service is inviting transsexual people born from 24 December 1919 to 3 April 1945 to find out how recent Court Judgements may have affected them. This may include changes to their State Pension entitlement and their liability to pay National Insurance contributions.
The Gender Recognition Act 2004 gave transsexual people the opportunity to legally change gender. If successful with their application a person is issued with a Gender Recognition Certificate. Following a number of Court Judgements, transsexual people who reached 60 before the Gender Recognition Act 2004 came into force on 4 April 2005, may be able to claim equal treatment rights for social security purposes and apply for backdated State Pension if they satisfy the eligibility criteria. The period for equal treatment starts from age 60 or the date of gender reassignment surgery, whichever is the latest.
Transsexual people who do not satisfy the equal treatment eligibility criteria or do not have a Gender Recognition Certificate can only claim State Pension in their birth gender.
Who is eligible to claim State Pension: equal treatment rights
To claim equal treatment rights for periods before the Gender Recognition Act 2004 came into force, a Court of Appeal decision established that transsexual people must meet the following criteria:
- they were born 24 December 1919 to 3 April 1945, and
- they can provide evidence of relevant gender reassignment surgery prior to 4 April 2005.
If both of these criteria are met, individuals can request an “expression of interest” form from The Pension Service.
For more information, including details of the eligible surgical procedures and how to request an “expression of interest” form, read the Questions and Answers.
