Equal State Pension rights for transgender people

Equal treatment rights for social security

The Gender Recognition Act 2004 gave transgender people the right to be treated as their preferred gender.

Transgender people who were aged 60 before the Act came into force on 4 April 2005 can now apply for equal treatment rights for social security purposes. This means they may be able to:

• claim State Pension from an earlier date
• have National Insurance contributions or periods from their 60th birthday refunded

Qualifing 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 have a full Gender Recognition Certificate, are married or in a civil partnership, you can still apply.

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: npc.grteam@thepensionservice.gsi.gov.uk
• post at the address below:

More useful links

• State Pension
• Introduction to workplace, personal and stakeholder pensions
• LGBT Advocate
• Your rights and responsibilities