[F151ZA.Special provision for married person whose spouse changed genderN.I.
(1)Section 48A(2A) does not prevent a woman from being entitled to a Category B retirement pension under section 48 in a case where—
(a)her spouse is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b)the marriage subsisted before the time when that certificate was issued.
(2)Section 48AA(2A) does not prevent a woman from being entitled to a Category B retirement pension under section 48AA in a case where—
(a)her former spouse was, at the time the marriage was dissolved, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b)the marriage subsisted before the time when that certificate was issued.
(3)Section 48B(1ZAA) does not prevent a woman being entitled to a Category B retirement pension under section 48B in a case where—
(a)her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b)the marriage subsisted before the time when that certificate was issued,
and in such a case the reference in section 48B(1ZB)(a)(ii) to the spouse having attained pensionable age before 6 April 2010 is to be read as a reference to the spouse having been born before 6 April 1945.
(4)Section 51(1) does not confer a right to a Category B retirement pension on a woman if—
(a)her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
(b)the marriage subsisted before the time when that certificate was issued.]
Textual Amendments