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Gender Recognition Act 2004

The Gender Recognition Act provides transsexual people with legal recognition in their acquired gender. Once someone has been legally recognised the Act describes how this will affect entitlement to certain state benefits.

Section 13 and schedule 5 of the Act ensure that transsexual people are treated according to their acquired gender with regard to the following survivor's benefits:

• Widowed Mother's Allowance
• Widow's Pension
• Widowed Parent's Allowance
• incapacity benefit
• Category A retirement pension.

A transsexual person who has been granted a full gender recognition certificate will be entitled to the above state benefits which are appropriate to his or her acquired gender not those payable to his or her birth gender. This will affect both the actual benefits which someone receives, and their expectation of receiving such benefits in future.

More information

• back to law frequently asked questions menu
• sarah margaret richards v secretary of state for work and pensions - The right to receive state pension following gender reassignment.
• view the act

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