Transsexual fights for early pension rights

A transsexual is mounting a legal battle to have her pension backdated to 60, the age at which women are entitled to claim.

Although Christine Timbrell undertook a full sex change in 2000 to become a woman, she is not legally recognized as a woman because she refuses to divorce her wife.

Now 68, she is taking the Department for Work and Pensions (DWP) to court in an effort to have her pension backdated.

Under legislation introduced in 2004, transsexuals are entitled to enjoy all the benefits of their new gender.

However an important caveat stated that married transsexuals could only have their gender recognised if their marriage had been annulled or divorced.

But Timbrell, who remains happily married to her wife of 43 years, refuses to do this, saying: "The Department of Work and Pensions say the remedy is for us to divorce and go into a civil partnership, but we say that's not the same."

Challenging the DWP at the Appeal Court, Timbrell's lawyer said the rule that she must end her marriage before her gender is recognised is a violation of her human right to respect for her home and family life.

DWP argues that women born female are not entitled to marry another woman and that, if both Christine and Joy Timbrell qualified for pensions at 60, they would amount to preferential treatment compared to a mixed-gender married couple.

Although women receive a state pension at the age of 60, this age will slowly increase from April this year to hit the age of 65 by 2020.

The appeal court hearing continues.