SCHEDULES

SCHEDULE 4Effect of extension of marriage: further provision

PART 5State pensions

11Category B retirement pension for married person

1

Section 48A of the 1992 Act (Category B retirement pension for married person) does not confer a right to a Category B retirement pension on a person by reason of the person being married to a person of the same sex who was born before 6th April 1950.

2

But that does not prevent section 48A from conferring a right to such a pension on a woman by reason of her marriage to another woman (“the spouse”) if—

a

the 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.

3

In section 48A of the 1992 Act—

a

in subsection (2ZA)—

i

in paragraph (a) for “married man who” substitute “man married to a woman and the spouse”;

ii

after paragraph (b) insert—

c

in a case where the spouse is a woman born before 6th April 1945 who is married to a woman and subsection (2ZB) applies, the conditions specified in Schedule 3, Part 1, paragraph 5;

d

in a case where the spouse is a woman born on or after 6th April 1945 but before 6th April 1950 who is married to a woman and subsection (2ZB) applies, the condition specified in Schedule 3, Part 1, paragraph 5A.

b

after subsection (2ZA) insert—

2ZB

This subsection applies where—

a

the 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.

4

In paragraph 5A of Schedule 3 to the 1992 Act, at the end of sub-paragraph (1)(b) insert “or in a case of the kind mentioned in subsection (2ZA)(d) of that section”.

5

In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.