Gender Recognition Act 2004

7 (1) Any question— U.K.

(a) whether the person is entitled to a Category A retirement pension (under section 44 of the 1992 Act) for any period after the certificate is issued, and

(b) (if so) the rate at which the person is so entitled for the period,

is to be decided as if the person’s gender had always been the acquired gender [F1 (but this is subject to sub-paragraph (3)) ] .

(2) Accordingly, if (immediately before the certificate is issued) the person—

(a) is a woman entitled to a Category A retirement pension, but

(b) has not attained the age of 65,

the person ceases to be so entitled when it is issued.

(3) And, conversely, if (immediately before the certificate is issued) the person—

(a) is a man who has attained the age at which a woman of the same age attains pensionable age, but

(b) has not attained the age of 65,

the person is to be treated for the purposes of section 44 of the 1992 Act as attaining pensionable age when it is issued.

(4) But sub-paragraph (1) does not apply if and to the extent that the decision of any question to which it refers is affected by—

(a) the payment or crediting of contributions, or the crediting of earnings, in respect of a period ending before the certificate is issued, or

(b) preclusion from regular employment by responsibilities at home for such a period.

(5) Paragraph 10 makes provision about deferment of Category A retirement pensions.

Textual Amendments

F1 Words in Sch. 5 para. 7(1) inserted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 48(3)