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Gender Recognition Act 2004
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- 2004 c. 7
- SCHEDULE 5
- Part 2
- Shared additional pension
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- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/3175 art. 3 Sch. 2 commences (2004 c. 33)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2012/1319 art. 2(4) commences (2012 c. 7)
- S.R. 2012/406 art. 2 commences (2011 c. 20 (N.I.))
Shared additional pensionE+W+S+N.I.
9(1)Any question—E+W+S+N.I.
(a)whether the person is entitled to a shared additional pension (under section 55A of the 1992 Act) for any period after the certificate is issued, and
(b)(if so) the rate at which the person is so entitled for the period,
is to be decided on the basis of the person attaining pensionable age on the same date as someone of the acquired gender (and the same age).
(2)Accordingly, if (immediately before the certificate is issued) the person—
(a)is a woman entitled to a shared additional pension, but
(b)has not attained the age of 65,
the person ceases to be so entitled when it is issued.
(3)And, conversely, if (immediately before the certificate is issued) the person—
(a)is a man who has attained the age at which a woman of the same age attains pensionable age, but
(b)has not attained the age of 65,
the person is to be treated for the purposes of section 55A of the 1992 Act as attaining pensionable age when it is issued.
(4)Paragraph 10 makes provision about deferment of shared additional pensions.
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