PART 4STATE PENSIONS

Category B retirement pension for married personI18

1

Section 48A of the 1992 Act9 (Category B retirement pension for married person) does not confer a right to a Category B retirement pension on a person by reason of the person being married to a person of the same sex who was born before 6th April 1950.

2

But that does not prevent section 48A from conferring a right to such a pension on a woman by reason of her marriage to another woman (“the spouse”) if—

a

the spouse is a woman by virtue of a full gender recognition certificate having been issued under the 2004 Act; and

b

the marriage subsisted before the time when that certificate was issued.