Equal State Pension rights for transgender people
Transgender people can apply for equal treatment rights for social security purposes. This could mean getting the State Pension paid early, or having some National Insurance contributions refunded.
Equal treatment rights for social security
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.
Qualifying for equal treatment rights
To qualify for equal treatment rights for periods before the Gender Recognition Act 2004 came into force, you must:
- have been born between 24 December 1919 and 3 April 1945
- provide evidence of relevant gender reassignment surgery before 4 April 2005
If you meet both of these conditions, you can ask for an ‘expression of interest’ form from The Pension Service.
Apply for equal treatment rights
To apply for equal treatment rights you need to request an expression of interest form. The Pension Service can re-calculate your State Pension entitlement and tell you if you may be entitled to a National Insurance contributions refund.
You can request a form by:
- telephone: 0191 218 7622 or +44 191 218 7622 from overseas
- email: firstname.lastname@example.org
- Fax: 0191 613 8193
- post to the address below:
DWP Gender Recognition team
The Pension Service 20
Mail Handling Site A