Section 51ZA — Social Security Contributions and Benefits Act 1992: Special provision for married person whose spouse changed gender

Special provision for married person whose spouse changed gender 51ZA 1 Section 48A(2)(b) does not prevent a woman from being entitled to a Category B retirement pension under that section in a case where—

a her spouse is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and b the marriage subsisted before the time when that certificate was issued.

2 Section 48AA(2)(b) does not prevent a woman from being entitled to a Category B retirement pension under that section in a case where—

a her former spouse was, at the time the marriage was dissolved, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and b the marriage subsisted before the time when that certificate was issued.

3 Section 48B(1ZA)(b) does not prevent a woman from being entitled to a Category B retirement pension under that section in a case where—

a her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and b the marriage subsisted before the time when that certificate was issued, and in such a case the reference in section 48B(1ZB)(a)(ii) to the spouse having attained pensionable age before 6 April 2010 is to be read as a reference to the spouse having been born before 6 April 1945.

4 Section 51(1) does not confer a right to a Category B retirement pension on a woman if—

a her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and b the marriage subsisted before the time when that certificate was issued.