State Pension: equal treatment rights for social security purposes for periods before the Gender Recognition Act 2004 came into force
Published 23 August 2013
© Crown copyright 2013
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This publication is available at https://www.gov.uk/government/publications/transgender-people-equal-treatment-for-state-pension/state-pension-equal-treatment-rights-for-social-security-purposes-for-periods-before-the-gender-recognition-act-2004-came-into-force
What are the criteria for claiming equal treatment for my State Pension?
The equal treatment criteria are:
- you must have been born 24 December 1919 to 3 April 1945, and
- provide evidence that prior to 4 April 2005, you had one of the following surgical procedures:
- orchidectomy
- penectomy
- vaginoplasty
- clitoroplasty
- labioplasty
If you meet these criteria then you can make an expression of interest.
Why do I need to make an expression of interest?
The recalculation of State Pension and National Insurance contributions is not straightforward. When you submit an expression of interest form, The Pension Service will confirm whether you meet the equal treatment criteria. They will recalculate your State Pension entitlement and obtain details of any National Insurance contributions that may be refundable from HM Revenue & Customs. You will get a letter telling you what your individual options are. This will enable you to decide whether you want to continue with your application.
What if I already have a full Gender Recognition Certificate?
You can still submit an expression of interest even if you have a full Gender Recognition Certificate. This is because the equal treatment rights for social security purposes are for periods before the Gender Recognition Act 2004 was implemented.
I am married or in a civil partnership, can I apply?
Yes. Your marital status does not matter and you can apply if you meet the age and surgery criteria.
What will be my new State Pension entitlement date?
If you are successful with your equal treatment claim you would be entitled to increments of State Pension. This is worked out on the basis of having deferred your State Pension entitlement from when you were aged 60 or the date you had gender reassignment surgery, whichever is later.
Will I get any payment of State Pension?
The recalculation of your State Pension is complicated and will be different for each individual. Any payments of State Pension will be based on your personal circumstances and we will inform you of your revised entitlement and how this can be paid to you.
Will I get the National Insurance contributions back that I paid after I was 60?
If you are entitled to a refund of National Insurance contributions these will be paid from your 60th birthday or the date of your relevant gender reassignment surgery if that is later.
How do I get a form to make my expression of interest?
You can ask for a form by telephone, fax, post or email.
Telephone: 0191 218 7622 – or +44(0)191 218 7622 from overseas
Monday to Friday 8am to 6pm (UK time)
Fax: 0191 613 8193
DWP Gender Recognition team
The Pension Service 20
Mail Handling Site A
Wolverhampton
WV98 1LT
Email: [email protected]
Updated January 2018