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SCHEDULES

SCHEDULE 5E+W+S+N.I.Benefits and pensions

Part 2 E+W+S+N.I.State benefits

Category B retirement pension etc.E+W+S+N.I.

8(1)Any question whether the person is entitled to—E+W+S+N.I.

(a)a Category B retirement pension (under section 48A, 48B, 48BB or 51 of the 1992 Act), or

(b)an increase in a Category A retirement pension under section 51A or 52 of the 1992 Act (increase in Category A retirement pension by reference to amount of Category B retirement pension),

for any period after the certificate is issued is (in accordance with section 9(1)) to be decided as if the person’s gender were the acquired gender (but subject to sub-paragraph (4)).

(2)Accordingly, if (immediately before the certificate is issued) the person is a woman entitled to—

(a)a Category B retirement pension, or

(b)an increase in a Category A retirement pension under section 51A or 52 of the 1992 Act,

the person may cease 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 sections 48A, 48B and 48BB of the 1992 Act as attaining pensionable age when it is issued.

(4)But a person who is a man (immediately before the certificate is issued) is not entitled to a Category B retirement pension under section 48B of the 1992 Act for any period after it is issued if the person—

(a)attains (or has attained) the age of 65 before 6th April 2010, and

(b)would not have been entitled to a Category B retirement pension under section 51 of the 1992 Act for that period if still a man.

(5)Paragraph 10 makes provision about deferment of Category B retirement pensions.