C1C2C3C4Part II Contributory Benefits

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C3

Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)

C4

Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)

Retirement pensions (Categories A and B)

51ZAF1Special provision for married person whose spouse changed gender

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.