CH-2024-000162 - [2025] EWHC 2237 (Ch)

As to that original enactment, s.126 of the Act was entitled “Equalisation of pensionable age and of entitlement to certain benefits” and provided in relation to Schedule 4 that:-

“(a)

Part I has effect to equalise pensionable age for men and women progressively over a period of ten years beginning with 6th April 2010.”

Schedule 4 was entitled “Equalisation”, with Part I entitled “Pensionable ages for men and women - Rules for determining pensionable age.” In this regard, the Trustee notes that Rule 5.5 describes the statutory reference in similar but not identical terms as the “rules for equalisation of pensionable ages for men and women”.

The original paragraph 1 of Part I of Schedule 4 to the Act explained that the following rules applied for the purposes of certain specified enactments, and instruments made thereunder, relating to social security:-

“(1)

A man attains pensionable age when he attains the age of 65 years.

(2)

A woman born before 6th April 1950 attains pensionable age when she attains the age of 60.

(3)

A woman born on any day in a period mentioned in column 1 of the following table attains pensionable age at the commencement of the day shown against that period in column 2.

(4)

A woman born after 5th April 1955 attains pensionable age when she attains the age of 65.”

The table which followed then went on to identify when pensionable age was attained for those women born between 6 April 2050 and 5 April 1955, rising progressively from 60 for the former to 65 for the latter.

The original paragraph 1 therefore had the effect of equalising state pension age for men and women. Under rule (4) of these original provisions, Mrs Alexis’ state pension age was 65.

In 2002, the relevant statutory references in paragraph 1 were updated to refer, additionally, to the new State Pension Credit Act 2002.