10(1)The person’s entitlement to—U.K.
[F1(za)a state pension under Part 1 of the Pensions Act 2014,]
[F2(zb)a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015,]
(a)a Category A retirement pension,
(b)a Category B retirement pension, or
(c)a shared additional pension,
is not to be taken to have been deferred for any period ending before the certificate is issued unless the condition in sub-paragraph (2) is satisfied.
(2)The condition is that the entitlement both—
(a)was actually deferred during the period, and
(b)would have been capable of being so deferred had the person’s gender been the acquired gender.
Textual Amendments
F1Sch. 5 para. 10(1)(za) inserted (6.4.2016 unless brought into force earlier by an order under s. 56(1) of the amending Act) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 48(4)
F2Sch. 5 para. 10(1)(zb) inserted (N.I.) (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 43(3)