Skip to main content
N I Direct government services

Main navigation

  • Home
  • News
  • Contacts
  • Help
  • Twitter
  • Facebook
  • YouTube
  • RSS

Breadcrumb

  1. Home
  2. Pensions and retirement planning
  3. State Pension
  4. State Pension before 6 April 2016

Equal treatment for State Pension for transgender people

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

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. 

You can send an expression of interest form if you meet the required criteria, even if you already have a Gender Recognition Certificate.

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

and

  • can provide evidence that before 4 April 2005 you had one of the following gender reassignment surgeries
    • orchidectomy
    • penectomy
    • vaginoplasty
    • clitoroplasty
    • labioplasty

If you meet these criteria then you can make an expression of interest.

Expression of Interest form

The recalculation of State Pension and National Insurance contributions is not straightforward.

When you send 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 get 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 allow you to decide whether you want to continue with your application.

If you have a full Gender Recognition Certificate

You can still send 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.

If you are married or in a civil partnership

Your marital status does not matter and you can apply if you meet the age and surgery criteria.

Your 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.

Payments 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 you will be informed of your changed entitlement and how this can be paid to you.

National Insurance contributions

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.

Request an expression of interest form

You can request a form by telephone, fax, post or email.

Telephone: 0191 218 7622 – or +44(0)191 218 7622 from overseas
Monday to Friday 8.00 am to 6.00 pm (UK time)

Fax: 0191 613 8193

DWP Gender Recognition team
The Pension Service 20
Mail Handling Site A
Wolverhampton
WV98 1LT
 

More useful links

  • State Pension
  • Introduction to workplace, personal and stakeholder pensions
  • LGBT Advocate
  • Your rights and responsibilities 
Share this page Share on Facebook (external link opens in a new window / tab) Share on Twitter (external link opens in a new window / tab) Share by email (external link opens in a new window / tab)

State Pension before 6 April 2016

  • Additional State Pension
  • Basic State Pension rate
  • Deferring State Pension
  • Equal treatment for State Pension for transgender people
  • Inheriting basic State Pension
  • Kindertransport
  • Living or working overseas and the State Pension
  • Over 80 Pension
  • Qualifying for basic State Pension
  • Ways to claim State Pension

Translation help

How to translate this page

Help improve this page - send your feedback

What do you want to do?
Report a problem
Which problem did you find on this page? (Tick all that apply)

Messages

You will not receive a reply. We will consider your feedback to help improve the site.

Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

What is your question about?

What to do next

Comments or queries about angling can be emailed to anglingcorrespondence@daera-ni.gov.uk 

If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit.  Contacts for common benefits are listed below.

Carer's Allowance

Call 0800 587 0912
Email 
dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Discretionary support / Short-term benefit advance

Call 0800 587 2750 
Email 
customerservice.unit@communities-ni.gov.uk

Disability Living Allowance

Call 0800 587 0912 
Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Employment and Support Allowance

Call 0800 587 1377

Jobseeker’s Allowance

Contact your local Jobs & Benefits office

Personal Independence Payment

Call 0800 587 0932

If your query is about another benefit, select ‘Other’ from the drop-down menu above.

Comments or queries about the Blue Badge scheme can be emailed to bluebadges@infrastructure-ni.gov.uk or you can also call 0300 200 7818.

For queries or advice about careers, contact the Careers Service.

For queries or advice about Child Maintenance, contact the Child Maintenance Service.

For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit.

If you can’t find the information you’re looking for in the Coronavirus (COVID-19) section, then for queries about:

  • Restrictions or regulations — contact the Department of Health
  • Travel advice (including self-isolation) — contact the Department of Health
  • Coronavirus (COVID-19) vaccinations — contact the Department of Health or Public Health Agency

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk and for queries about your certificate, email covidcertni@hscni.net.

For queries or advice about criminal record checks, email ani@accessni.gov.uk

Application and payment queries can be emailed to ema_ni@slc.co.uk

For queries or advice about employment rights, contact the Labour Relations Agency.

For queries or advice about birth, death, marriage and civil partnership certificates and research, contact the General Register Office Northern Ireland (GRONI) by email gro_nisra@finance-ni.gov.uk

For queries about the High Street Spend Local Scheme,  email HSSS.mail@economy-ni.gov.uk.

For queries about:

  • Car tax, vehicle registration and SORN
    contact the Driver and Vehicle Licensing Agency (DVLA), Swansea
     
  • Driver licensing and tests, MOT and vehicle testing
    contact the Driver & Vehicle Agency (DVA), Northern Ireland

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk.

 

For queries or advice about passports, contact HM Passport Office.

For queries or advice about Penalty Charge Notices (PCNs), including parking tickets and bus lane PCNs, email dcu@infrastructure-ni.gov.uk

For queries or advice about pensions, contact the Northern Ireland Pension Centre.

If you wish to report a problem with a road or street you can do so online in this section.

If you wish to check on a problem or fault you have already reported, contact DfI Roads.

For queries or advice about historical, social or cultural records relating to Northern Ireland, use the Public Record Office of Northern Ireland (PRONI) enquiry service.

For queries or advice about rates, email LPSCustomerTeam@lpsni.gov.uk

For queries or advice about  60+ and Senior Citizen SmartPasses (which can be used to get concessionary travel on public transport), contact Smartpass - Translink.

If you have a question about a government service or policy, you should contact the relevant government organisation directly.  We don't have access to information about you.

Related sites

  • gov.uk
  • nibusinessinfo.co.uk

Links to supporting information

  • Accessibility statement
  • Crown copyright
  • Terms and conditions
  • Privacy
  • Cookies
  • Twitter
  • Facebook
  • YouTube
  • RSS