Am I entitled to my deceased husband's State Pension? A guide for widows and widowers

Following a loved one's passing, navigating finances is challenging. The rules surrounding inherited pensions are complex, and the answer to “Am I entitled to my deceased husband's State Pension?” depends significantly on when he reached State Pension age.

Quick Summary

You may be entitled to some of your deceased husband's State Pension, but entitlement depends on when he reached pension age, how much he contributed, and your marital status.

Key Points

• Two Pension Systems: Entitlement depends on whether your husband reached State Pension age before (Old) or after (New) April 6, 2016.

• Check Old System Entitlements: Under the old rules, you may use your husband's NI record to increase your own Basic State Pension or inherit part of his Additional State Pension.

• New System Inheritance is Limited: If your husband was under the new State Pension, you may only receive a 'protected payment' if certain conditions are met.

• Claim Bereavement Support Separately: The Bereavement Support Payment is a separate benefit for those under State Pension age and is not an inherited State Pension.

• Deferral Benefits: If your husband deferred claiming his State Pension, you could be entitled to a lump sum or higher weekly payments.

• Remarriage Can Affect Rights: Remarrying before you reach State Pension age typically ends your right to inherit benefits based on your late spouse's record.

Understanding the Old vs. New State Pension

The most critical factor determining your entitlement is whether your husband reached State Pension age before or after April 6, 2016. This date marks the transition from the old system (Basic and Additional State Pension) to the new single-tier State Pension. The rules for inheriting are very different for each system.

If Your Husband Reached State Pension Age Before April 6, 2016

If your late husband reached State Pension age before April 6, 2016, your entitlement is based on the rules of the old system. You might be able to increase your own Basic State Pension using his National Insurance (NI) contributions, or you may be able to inherit part of his Additional State Pension (SERPS/State Second Pension). You can also inherit 50% of any Graduated Retirement Benefit he had built up between 1961 and 1975.

If Your Husband Reached State Pension Age On or After April 6, 2016

Under the new State Pension system, you cannot inherit the main portion of your late husband’s pension. However, you might be entitled to an extra amount called a 'protected payment' if your marriage or civil partnership began before April 6, 2016. A protected payment is the amount above the new State Pension's flat rate, paid on top of your own State Pension. Remarrying or forming a new civil partnership before you reach State Pension age means you will not be able to inherit anything under these rules.

What is Bereavement Support Payment?

Bereavement Support Payment (BSP) is a separate benefit for those under State Pension age when their partner dies. To qualify, you must be under State Pension age and your husband must have paid enough National Insurance contributions or died due to a work-related cause. BSP is paid as a one-off sum and then up to 18 monthly payments. It is not means-tested and won't affect other benefits for the first year.

Inheriting a Deferred State Pension

If your late husband deferred claiming his State Pension, you might have an additional entitlement depending on which pension system he was under. With the old system, you might inherit a lump sum or higher weekly payments. Under the new system, you'll inherit the extra payments built up through deferral, paid with your own State Pension.

Comparison of Pension Inheritance Scenarios

Scenario	Old State Pension (Before 06/04/2016)	New State Pension (On or After 06/04/2016)
Basic Pension	Can use husband's NI contributions to increase your own basic pension up to the full rate if you don't already receive it.	Cannot inherit the basic new State Pension.
Additional Pension (SERPS/S2P)	Can inherit a percentage based on his NI record and date of birth (from 50% to 100%).	Only entitled to half of any inherited 'protected payment'.
Remarriage before SPA	Loses rights to claim based on ex-spouse's contributions.	Cannot inherit any payment.
Bereavement Support	N/A (replaced older benefits).	Yes, if under State Pension age when spouse died.
Deferred Pension	Can inherit as a lump sum or higher weekly payments.	Can inherit extra payments built up through deferral.

How to Claim What You're Entitled To

1. Report the death: Report the death to the DWP via 'Tell Us Once' or contact the Pension Service.
2. Contact the Pension Service: Call the Pension Service to check your entitlements.
3. Provide necessary details: Have information like his NI number, marriage details, and date of death ready.
4. Await confirmation: The Pension Service will assess your eligibility and inform you of entitlements. Claiming is not automatic.
5. Claim Bereavement Support Payment separately: If under State Pension age, claim BSP separately and within the timeframe. More information on inheriting a deferred State Pension is available on the official GOV.UK website here: Inheriting a deferred State Pension.

Conclusion

Inheriting a State Pension is complex and depends on individual circumstances, the timing of your spouse's death, and your own pension status. While you won't inherit the entire pension, various entitlements exist. Contacting the Pension Service is the most reliable way to understand your rights and ensure you receive your due financial support during a difficult time.

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Disclaimer: The information provided is based on UK rules and regulations. It is essential to seek professional advice from the relevant government bodies or a financial advisor for guidance tailored to your specific situation.

Frequently Asked Questions

Can I inherit my deceased husband's full State Pension?

No, you cannot inherit your husband's full State Pension. The amount you are entitled to depends on when he reached State Pension age and his National Insurance record, but it will only ever be a portion of his total pension.

What is the key date that affects pension inheritance rules?

The key date is April 6, 2016. If your husband reached State Pension age before this date, the old system rules apply. If he reached it on or after this date, the new rules apply.

Is the Bereavement Support Payment the same as inheriting a State Pension?

No, Bereavement Support Payment (BSP) replaced the old 'widow's pension' and is a separate benefit. It is available to those under State Pension age and is paid as a lump sum followed by monthly payments, not as an inherited State Pension.

Can I get my late husband's pension if I remarry?

If you remarry or form a new civil partnership before you reach State Pension age, you will generally lose the right to inherit pension benefits based on your late husband's contributions.

What happens if my husband deferred his State Pension before he died?

If your husband deferred his State Pension, you may be able to inherit the extra amount he built up. Depending on which pension system he was under, you might receive this as a lump sum or as higher weekly payments.

Does my late husband's NI record affect my own State Pension?

Under the old State Pension system (pre-April 2016), you might be able to use his NI record to increase your own Basic State Pension if you did not have enough qualifying years yourself.

How do I start the process of claiming my entitlement?

You should start by contacting the Pension Service, which is part of the DWP. You can find their contact details on the official GOV.UK website. They will be able to assess your situation and advise you on what you can claim.

Is my entitlement to an inherited pension automatic?

No, you are not automatically awarded an inherited pension. You must proactively contact the Pension Service to make a claim and have your entitlement assessed based on your circumstances and your late husband's pension record.