Guidance

Transgender people: equal treatment for State Pension

How transgender people born between 24 Dec 1919 and 3 April 1945 may be able to get equal treatment rights for social security purposes.

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Details

Transgender people born between 24 December 1919 and 3 April 1945 may be affected by court judgements about State Pension entitlement and liability to pay National Insurance contributions.

The Gender Recognition Act 2004 gave transgender people the opportunity to legally change gender by applying for a Gender Recognition Certificate.

The Gender Recognition Act 2004 came into force on 4 April 2005. Transgender people who reached 60 before this date, and who meet certain conditions, can claim equal treatment rights for social security purposes and could get backdated State Pension. The period for equal treatment starts from age 60 or the date of gender reassignment surgery, whichever is the latest. A Court of Appeal decision established the qualifying conditions.

Transgender people who do not satisfy the equal treatment eligibility criteria or do not have a Gender Recognition Certificate can only claim State Pension in their birth gender.

Claiming equal treatment rights for State Pension

You can claim equal treatment rights for periods before the Gender Recognition Act 2004 came into force if you:

  • were born 24 December 1919 to 3 April 1945
  • can provide evidence of relevant gender reassignment surgery that took place before 4 April 2005

If you meet both of these conditions, you can ask for an ‘expression of interest’ form from The Pension Service.

Get a form and more information

Read the attached document for more information including:

  • details of the eligible surgical procedures
  • how to request an ‘expression of interest’ form
Published 23 August 2013