THE case of a transgender person refused the female state pension after choosing to stay married will be scrutinised by the EU’s Court of Justice.
The British Supreme Court referred the case on after its five judges were split over the case.
“MB,” who transitioned from male to female, was refused the pension by the Department forWork and Pensions. The Court of Appeal upheld its decision in 2014.
MB applied for a pension at 60 but was told she would have to wait until 65, the age for men.
MB remained married after reassignment surgery in 1995. The couple do not want a civil partnership or to annul the marriage.
Only transgender people who have annulled marriages on the basis of gender changes can apply for a “gender recognition certificate.”
MB did not apply for a certificate. But under the Marriage Act 2013, a certificate can be obtained without an annulment if the spouse consents.