× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Supreme Court refers to CJEU - refusal of SRP to married transgender woman

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3537

Joined: 14 March 2014

The Supreme Court has referred the case of MB (Appellant) v Secretary of State for Work and Pensions (Respondent) [2016] UKSC 53 to the CJEU to decide whether Council Directive 97/7/EEC precludes the UK from requiring a transgender woman to be annul her previous marriage in order to get a gender recognition certificate and therefore be able to receive state retirement pension at 60

https://www.supremecourt.uk/cases/docs/uksc-2014-0220-judgment.pdf

NB - Court of Appeal found it not to be discrimination - http://www.rightsnet.org.uk/welfare-rights/caselaw/item/transgender-womans-claim-for-state-pension-at-60-refused-as-she-did-not-hav

Stuart
Administrator

rightsnet editor

Send message

Total Posts: 890

Joined: 21 March 2016

Advocate General opinion today on the reference to CJEU from [2016] UKSC 53 concludes that UK Government policy is directly discriminatory and unlawful -

In today’s Opinion, Advocate General Michal Bobek considers that the requirement,  applicable only to transgender persons, to be unmarried in order for them to access a state pension is contrary to the Directive. In his view, this amounts to direct discrimination on the basis of sex which is not open to objective justification.

https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-12/cp170131en.pdf

[ Edited: 5 Dec 2017 at 12:04 pm by Stuart ]