# The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) (No. 2) Order 2014, Paragraph 8: Social Security Pensions Act 1975


(1) Section 59 of the Social Security Pensions Act 1975 (increase of official pensions) is amended as follows.
(2) In subsection (5ZB), for paragraph (a) substitute—
“(a) in the case of a pension payable to a woman in respect of the services—
(i) of her deceased male spouse; or
(ii) of her deceased female spouse in a relevant gender change case;
one half of the rate of the deceased spouse’s guaranteed minimum pension at the relevant time;”.
(3) In subsection (5ZC)—
(a) in paragraph (a)(i) omit “or”,
(b) in paragraph (a)(ii) for “spouse,” substitute “spouse;”,
(c) after paragraph (a)(ii) insert—
“(iii) a pension payable to a woman in respect of the services of her deceased female spouse in a relevant gender change case; or
(iv) a pension payable to a man in respect of the services of his deceased male spouse in a relevant gender change case,”, and
(d) in paragraph (b), after “sex” insert “(other than a pension within paragraph (a)(iii) or (iv))”.
(4) In subsection (7), after the definition of “lump sum” insert—
““relevant gender change case” means a case where—
(a) the deceased spouse was a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
(b) the marriage of the deceased spouse and the surviving spouse (that ends with the deceased spouse’s death) subsisted before the time when the certificate was issued, ”.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111117538/schedule/1/paragraph/8 (the official version)
Page: https://openlegislation.uk/draft-marriage-same-sex-couples-act-2013-consequential-and-contrary-provisions-and-scotland-no-2-order-2014/schedule-1/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.