Does a widow get any of her husband's State Pension?

Since the new State Pension was introduced in 2016, the rules for inheriting a spouse's pension have changed significantly [1.2]. Knowing the specifics is crucial for financial planning during bereavement, and understanding exactly what happens to a husband's State Pension after his death is a key first step.

Quick Summary

A widow may be able to inherit a portion of her late husband's State Pension, but this depends entirely on when both spouses reached State Pension age. Eligibility is most common for those who reached State Pension age before April 6, 2016, and may include inheriting parts of the Additional State Pension or increasing their own basic pension [1, 2].

Key Points

• Pre-2016 Rules: If your late husband reached State Pension age before 6 April 2016, you may be able to use his National Insurance record to boost your own Basic State Pension [1, 2].

• Additional Pension Inheritance: Under the old system, you could also inherit a percentage of his Additional State Pension (SERPS or State Second Pension) [1, 2].

• Post-2016 Rules: For those reaching State Pension age on or after 6 April 2016, State Pension is based on individual records, with inheritance generally not possible [1, 2].

• Protected Payments: A key exception for the new system is the inheritance of a 'protected payment' if your husband died on or after 6 April 2016 [1, 2].

• Bereavement Support Payment: For widows under State Pension age, the Bereavement Support Payment (BSP) has replaced older bereavement benefits [2, 3].

• Check Your Forecast: The best way to determine your personal entitlement is to check your State Pension forecast on the official GOV.UK website [4].

Inheriting State Pension: The Crucial 2016 Rule Change

The ability for a widow to claim a portion of her deceased husband’s State Pension is heavily dependent on the UK's pension system reforms. The rules changed fundamentally for individuals who reached State Pension age on or after 6 April 2016, creating two distinct scenarios for bereaved spouses to consider [1, 2]. This comprehensive guide will help you understand the key differences, determine your eligibility, and outline the steps you need to take.

The 'Old' State Pension System (Reached Pension Age Before 6 April 2016)

Under the pre-2016 system, also known as the 'old' State Pension, a widow's entitlement is more direct [1, 2]. If your husband reached State Pension age before April 2016, you may be able to increase your own pension using his National Insurance (NI) contributions or inherit a percentage of his Additional State Pension [1, 2]. You might also inherit amounts from a deferred pension [1, 2].

The 'New' State Pension System (Reached Pension Age On or After 6 April 2016)

For those who reached State Pension age on or after 6 April 2016, inheritance rules are different [1, 2]. The new system is primarily based on an individual’s own NI record [5]. While generally not possible to inherit the new State Pension, exceptions include inheriting half of a 'protected payment' or inheriting extra amounts from a deferred pension [1, 2].

Understanding the Impact of National Insurance Contributions

Sufficient National Insurance contributions are required for any State Pension [4]. Under the old system, a widow could use her husband's NI record [1, 2]. Under the new system, entitlement is mainly based on your own contributions [4]. Checking your State Pension forecast is important [4].

Comparing State Pension Inheritance Rules

Feature	Old State Pension (Before 6 April 2016)	New State Pension (On or After 6 April 2016)
Inheriting Basic Pension	Possible to use husband's record [1, 2].	Not possible, based on individual's record [1, 2].
Inheriting Additional Pension	Possible to inherit 50-100% [1, 2].	Only possible to inherit half of a 'protected payment' if applicable [1, 2].
Inheriting Deferred Pension	Possible to inherit [1, 2].	Possible to inherit [1, 2].
Effect of Remarriage	Can lose eligibility if you remarry before State Pension age [2, 6].	Not affected by remarriage [6].
Primary Eligibility	Combination of spouse's and your own NI records [1, 2].	Based on your own NI record [4].

Bereavement Support Payment (BSP)

For those under State Pension age when their partner dies, Bereavement Support Payment (BSP) provides temporary financial support [2, 3]. It replaces previous benefits like Widow's Pension and is available to eligible partners, including those with dependent children [2, 3]. It includes a lump sum and up to 18 monthly payments [2, 3].

How to Check Your Entitlement and Claim

Check your State Pension forecast online using the official GOV.UK service [4]. This will show your projection, contributions, and potential entitlement based on your late husband's record or a protected payment [1, 2, 4]. For personalised advice, contact the Pension Service or a financial advisor [1].

What About Private Pensions?

Inheritance rules for private workplace and personal pensions differ from the State Pension [1, 6]. Defined contribution pensions can often be passed to a beneficiary, while defined benefit schemes may continue a percentage of income for a surviving spouse [1, 6]. Always check with the specific provider [1, 6].

Conclusion

The question of Does a widow get any of her husband's State Pension? depends largely on when State Pension age was reached [1, 2]. Those under the old system have a greater likelihood of inheritance, while under the new system, it's limited to specific situations like 'protected payments' [1, 2]. Checking your State Pension forecast on {Link: GOV.UK https://www.gov.uk/check-state-pension} and contacting the Pension Service are the best ways to understand your options [1, 4].

Frequently Asked Questions

Can I claim my late husband's State Pension if I am under State Pension age?

No, you cannot claim his State Pension directly [2]. However, if you are under State Pension age, you may be eligible for the Bereavement Support Payment (BSP), which replaced the old Widow's Pension [2, 3]. The BSP is temporary financial support and is not part of the State Pension [2, 3].

How do I know if my husband was on the old or new State Pension system?

The determining factor is when he reached his State Pension age [1, 2]. The old system applies if he reached this age before 6 April 2016 [1, 2]. If he reached it on or after this date, he was on the new single-tier State Pension system [1, 2].

Does remarriage affect my entitlement to my late husband's State Pension?

Under the old pension rules, remarriage before you reached State Pension age meant you would lose your entitlement to claim on your late husband's record [2, 6]. For the new State Pension system, remarriage does not affect your ability to inherit a protected payment [6].

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

If your husband deferred his State Pension and then passed away, you may be able to inherit the extra State Pension he built up [1, 2]. This can be taken as a taxable lump sum or as higher weekly payments, depending on whether he was on the old or new system [1, 2].

Is there a time limit for claiming inherited State Pension benefits?

Yes, it is important to contact the Pension Service as soon as possible after the death of your spouse [2]. While some claims can be backdated, delays may lead to a loss of some benefits, particularly in the case of Bereavement Support Payment [2, 3].

How can I check my National Insurance record?

You can check your National Insurance record, which is used to calculate your State Pension, by creating or logging into your personal 'my Social Security' account on the GOV.UK website [4].

Does inheriting a State Pension affect other benefits?

Any additional income from an inherited State Pension could potentially affect means-tested benefits you receive [2]. However, the Bereavement Support Payment is generally ignored for one year for benefit purposes [2].