Do I get my husband's State Pension when he dies? Understanding UK Inheritance Rules

While a State Pension is paid to an individual and typically stops upon their death, around 3.7 million widows and widowers were receiving survivor benefits as of early 2025. Understanding your entitlements depends on whether your husband reached State Pension age before or after April 6, 2016, a critical date that changed the system. Here's a look at the rules for how a surviving spouse can inherit some or all of their deceased husband's state pension.

Quick Summary

The rules for inheriting a State Pension depend on when your husband reached State Pension age. You may be able to claim a portion of their additional or protected payment, or improve your own basic State Pension. Your eligibility is also affected by whether you remarry and your marital status at the time of death.

Key Points

• State Pension doesn't transfer: A deceased husband's State Pension does not automatically transfer to his wife; eligibility for survivor benefits depends on specific rules.

• April 2016 is a key date: The rules for inheriting a State Pension differ significantly depending on whether your husband reached State Pension age before or after April 6, 2016.

• Pre-2016 rules: Under the old system, you may use your husband's National Insurance record to boost your basic State Pension and potentially inherit a portion of his Additional State Pension (SERPS/S2P).

• Post-2016 rules: Under the new system, you may inherit 50% of any 'protected payment' your husband had, which is any amount above the flat-rate State Pension.

• Contact the Pension Service: To confirm your specific entitlement and start the claims process, you should contact the Pension Service.

• Check private pensions: You must also investigate any workplace or private pensions your husband had, as their rules are separate and often require you to be a named beneficiary.

• Remarriage impact: Remarrying before you reach State Pension age can affect your entitlement under both the old and new State Pension systems.

• Deferred pension benefits: If your husband deferred his State Pension, you may be able to inherit the deferred payments as a lump sum or increased regular income.

Your husband’s State Pension and the April 2016 rules

When a person passes away, their State Pension does not automatically transfer to their spouse. Instead, a surviving spouse or civil partner's potential benefits depend on the system their late partner was under. The key factor is whether your husband reached State Pension age before or after April 6, 2016, the date the new State Pension was introduced. This date determines the rules for any inherited portion.

If your husband reached State Pension age before April 6, 2016 (Old State Pension System)

Under the old system, a surviving spouse or civil partner may be able to use their late partner’s National Insurance (NI) contributions to increase their own State Pension. This can apply if your own basic State Pension is less than the full rate. You may also be able to inherit a portion of their Additional State Pension (SERPS/S2P) built up under the old rules. The amount you can inherit varies.

If your husband reached State Pension age on or after April 6, 2016 (New State Pension System)

For those under the new system, you cannot use your late husband's NI record to improve your own State Pension. However, you may be entitled to inherit 50% of any 'protected payment', which is an amount above the flat-rate State Pension due to previous NI contributions. Remarrying after reaching State Pension age does not affect this entitlement, but remarrying or entering a new civil partnership before pension age means you will not be entitled to it.

What about deferred State Pension payments?

If your husband deferred claiming his State Pension before he died, you might be able to inherit it. Under the old system, you could choose a taxable lump sum or a higher regular State Pension. Under the new system, you can inherit the deferred payments, potentially as a taxable lump sum or weekly payments.

Workplace and private pension considerations

State Pension rules differ from those for private or workplace pensions. These depend on scheme rules and whether a survivor's annuity was chosen.

Feature	State Pension (pre-2016 system)	State Pension (post-2016 system)	Defined Benefit Pension	Defined Contribution Pension
Inheritance basis	Based on late spouse’s NI record to boost your own pension and inherit Additional State Pension.	May inherit 50% of a 'protected payment' if applicable.	Usually pays a reduced survivor's pension to spouse or dependents.	Pot passes to named beneficiaries, tax depends on age at death.
Lump sum payout	Possible for deferred State Pension payments under old rules.	Possible for deferred State Pension payments.	Unlikely, usually a reduced monthly income.	Often an option for beneficiaries.
Remarriage impact	May lose entitlement if remarry before pension age.	No impact if remarry after pension age; lose entitlement if before.	Depends on specific scheme rules. Some survivor pensions continue.	Usually no impact, as funds go to beneficiary.
Tax implications	Inherited portion is typically taxable as income.	Inherited 'protected payment' is taxable income.	Survivor's pension is taxed at beneficiary's marginal rate.	Tax-free if death before 75, otherwise taxed at beneficiary's rate.
Who to contact	The Pension Service	The Pension Service	Scheme administrator/employer.	Scheme administrator/provider.

What to do next

1. Report the death: Use the 'Tell Us Once' service to inform government departments, including the DWP.
2. Contact the Pension Service: Get detailed information on your specific entitlement by calling them or checking your State Pension forecast.
3. Check for private pensions: Contact former employers and private pension providers about death benefits and ensure you are listed as a beneficiary.
4. Consider other benefits: Explore other potential bereavement benefits, such as the Bereavement Support Payment.

Conclusion

While you don't automatically receive your husband's State Pension, you can inherit a portion, depending on which system he was under. Under the old system (pre-April 6, 2016), you might increase your own State Pension and inherit Additional State Pension. Under the new system (post-April 6, 2016), you may inherit part of a 'protected payment'. Contact the Pension Service and check with any private or workplace pension providers, as their rules are separate. Taking these steps helps ensure you receive all entitled benefits.

Frequently Asked Questions

Can a widow claim her husband's full State Pension?

No, a surviving spouse cannot simply transfer or claim their husband's full State Pension. The State Pension is paid to an individual and stops upon their death. A widow may be able to receive a portion of it, depending on the rules of the system their husband was under and their own circumstances.

What is the 'protected payment' for the new State Pension?

A 'protected payment' is an extra amount of State Pension awarded to those who built up a higher entitlement under the old system but are now receiving the new State Pension. A surviving spouse can inherit 50% of this payment.

What happens if my husband reached State Pension age before April 6, 2016?

If your husband was under the old system, you may be able to use his National Insurance contribution record to increase your own basic State Pension. You may also be entitled to inherit a portion of his Additional State Pension.

Does remarriage affect inheriting a State Pension?

Yes, it can. Under the old system, remarrying before State Pension age typically means you lose the right to inherit. Under the new system, you will not be entitled to inherited benefits if you remarry before reaching State Pension age.

Who should I contact to find out what I'm entitled to?

You should contact the Pension Service. They can provide specific information about your entitlement based on your personal circumstances and your late husband's National Insurance record.

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 deferred amount. Depending on which system he was under, this could be paid as a lump sum or as a higher weekly payment.

Are private pensions handled differently?

Yes. Private and workplace pensions are separate from the State Pension. What happens to them depends on the scheme's specific rules and whether your husband named you as a beneficiary. You must contact the scheme administrator directly to find out.