A married man from the West Midlands who became a woman has won her battle to receive a pension from the age of Christopher Timbrell, born inchanged her name zge Christine in after surgery to alter her gender.
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In she applied to the Inland Revenue National Insurance Contributions Office for her state pension, which she asked to be backdated to her 60th birthday a year earlier.
But her new gender status was not recognised in law because she has not divorced her wife, Joy. Ms Timbrell, an accountant from Sutton Coldfield, met her wife when she was a man in his twenties and they had two children during their year marriage. His sex change operation was carried out with the full knowledge and consent of the wife and they continue to live together as a married couple.
Most transsexuals, under legislation, are entitled to enjoy the Legal age to sex in Sutton Coldfield status of their new gender. But the new law introduced Suttonn important caveat - married transsexuals could only apply to have their gender recognised if their marriages had been annulled or dissolved.
Ms Timbrell took her case to the Court of Appeal after the Department of Work and Pensions DWP agd she was entitled to a state pension from the age of 65, the usual age for a man. Marie-Eleni Demetriou, representing her at a hearing in March, said the rule under Hot sex in Swansea Gender Recognition Act that she must end her marriage before her gender is recognised is a "disproportionate" violation of her human right to respect for her home and t life.
The law on sex
Jeremy Johnson, for the DWP, recognised the "difficult situation" Ms Timbrell found herself in and the "harsh choice" she faced in whether or not to end her happy marriage.
But he added: "She is, in law, male and was not therefore Legal age to sex in Sutton Coldfield to a pension until aged Lord Justice Aikens, giving the ruling of the three appeal judges, said that before the Gender Recognition Act, English law had no way of dealing with a person who had changed gender, meaning "once a man, always a man".
Beautiful Saint Helens boys he said that a total lack of legal framework to allow UK law to recognise gender change and obtain a pension was discrimination.
The judge said that this meant that the DWP cannot deny Ms Timbrell the right to a pension as a woman as from her 60th birthday.
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Woman who had sex change wins legal right to pension at 60
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Sex-change man wins right to claim pension at woman's age of 60 | UK | News | www.plusvaliahome.com
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