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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Apply for backdated State Pension if you’re a transgender woman

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Just seen this pop up in my daily DWP update email.

You may be entitled to backdated State Pension if all the following apply:

* you were born between 31 October 1953 and 6 November 1953
* you had lived in your acquired gender for at least 2 years by 31 October 2018
* you have had gender reassignment surgery

This is because a court ruling means that a transgender person who has had gender reassignment surgery and lived in their acquired gender for a significant period must be recognised in their acquired gender for State Pension purposes.

Does anyone know which court decision this refers to at all? We do a factsheet on trans issues in later life and would be helpful if we had the reference source for this case.

Thanks for any help.

Apply for backdated State Pension if you’re a transgender woman

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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The only EU case I can think might be relevant concerning transgender pension rights is the MB case https://www.rightsnet.org.uk/welfare-rights/caselaw/item/transgender-person-is-not-required-to-annul-marriage-entered-before-change
Not sure how this fits with the birth week of Oct/Nov 1953 but I suppose people born at this time would have turned 65 in 2018 so maybe they were missed when it came to backdating or something?

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Thanks for that, will have a look through in a bit.