OpenLegislation

Paragraph 21 I1I2

(F11)

Section 24D (survivors' benefits) is amended as follows.

(2)

Subsection (2): after “earner” insert “ is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner ”.

(3)

Subsection (3)—

(a)

after “earner” insert “ is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner ”;

(b)

after “widower” insert “ , widow ”.

(4)

After subsection (3) insert—

“(4)

In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—

(a)

the earner is 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 earner and her widow (that ends with the earner's death) subsisted before the time when the certificate was issued.

(5)

This section is subject to regulations under section 38A.”.

Annotations

Textual amendments

F1

Sch. 4 para. 21 omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 1(11), 3(4)(a)

Commencement

I1

Sch. 4 para. 21 in force at 13.3.2014 for specified purposes by S.I. 2014/93, art. 3(j)(vi)

I2

Sch. 4 para. 21 in force at 10.12.2014 in so far as not already in force by S.I. 2014/3169, art. 2