PART 4STATE PENSIONS

Category B retirement pension for widows and widowers9

1

Section 48B of the 1992 Act10 (Category B retirement pension for widows and widowers) does not confer a right to a Category B retirement pension on a woman who attained pensionable age before 6th April 2010 by reason of her marriage to another woman.

2

But that does not prevent section 48B 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 was, at the time of her death, 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.