Marriage (Same Sex Couples) Act 2013

20 (1) Section 17 (minimum pensions for widows and widowers) is amended as follows. E+W

(2) Subsection (2)—

(a) paragraph (a): after “man” insert “ , or a woman in a relevant gender change case, ”;

(b) after paragraph (c) insert—

“(d) if the earner is a man who has a guaranteed minimum under that section, the weekly rate of the widower's pension will not be less than the surviving same sex spouse's guaranteed minimum;

(e) if the earner is a woman (other than in a relevant gender change case) who has a guaranteed minimum under that section, the weekly rate of the widow's pension will not be less than the surviving same sex spouse's guaranteed minimum.”.

(3) Subsection (4): after “partner's” insert “or surviving same sex spouse's”.

(4) Subsection (5): at the beginning insert “ In the case of a woman who is the widow of a man, ”.

(5) Subsection (6)—

(a) at the beginning insert “ In any other case, ”;

(b) after “widower's” insert “, widow's”.

(6) After subsection (9) insert—

“(10) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—

(a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b) the marriage of the earner and her widow (that ends with the earner's death) subsisted before the time when the certificate was issued.

(11) This section is subject to regulations under section 38A.”.

Commencement Information

I1 Sch. 4 para. 20 in force at 13.3.2014 for specified purposes by S.I. 2014/93, art. 3(j)(vi)

I2 Sch. 4 para. 20 in force at 10.12.2014 in so far as not already in force by S.I. 2014/3169, art. 2