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