Claiming part of my late husbands state pension

Thank you TinSoldier, I understand it now. He was younger than me and on the new pension. It seems crazy, I would have been a lot better off if he had been on the old one and I was on the new!

It depends on what basic state pension you have earned for yourself. If you have worked and paid enough years to receive the current maximum basic state pension in your own right (currently £156.20) you cannot inherit his basic state pension. If you are short on years may be able to use his contributions to top up to £156.20.

This:

www.gov.uk/state-pension/inheritance-spouse-civil-partner

You may be able to increase your basic State Pension by using their qualifying years if you do not already get the full amount of £156.20 a week.

But this if he would have reached pension age after 5 April 2016:

www.gov.uk/state-pension-through-partner/y/widowed/your_pension_age_before_specific_date

If they reached (or would have reached) State Pension age on or after 6 April 2016, only their National Insurance contributions to 5 April 2016 can be used to increase your basic State Pension.

TinSoldier

Indeed, but women born after 5 April 1953, who therefore come within the rules of the New State Pension, need to be clear that they can only inherit 50% of a late husband's graduated and Additional State Pension not any part of his main state pension.

I am finding all this very confusing. I am on the old pension, born March 1953, and I have been informed that I can only inherit a percentage of my husband's additional pension, not any of his main pension, which you are saying (I think) applies to people on the new pension.

Younger than your mother and I don't claim pension credit but that isn't the point. Nor will I comment on someone else's individual claim for pension credit as I don't know their circumstances.

Maybe you are mixing up Guaranteed Credit and Savings Credit.

Moneyhelper: Who can claim:

To claim Guarantee Credit, you need to have reached State Pension age.

To qualify for Savings Credit, you must have reached State Pension age before 6 April 2016. The amount you’ll get will depend on the savings and income you already have.

You can claim Pension Credit regardless of whether you’re still working or have retired. You can also claim if you have other income, savings or own your own home.

How much is Pension Credit?

The amounts shown below are for the 2023-24 tax year.

Guarantee Credit

Guarantee Credit tops up your weekly income to a guaranteed level of £201.05 if you’re single or £306.85 if you’re married or in a civil partnership.

Savings Credit

Savings Credit provides some extra money if you’ve made some provision towards your retirement by saving, or with a pension other than the basic State Pension.

The extra income provided by Savings Credit is up to:

£15.94 a week for a single person, and
£17.84 for married couples, civil partners or a partner you live with as if you were married.

However, you won’t qualify for Savings Credit if you reach State Pension age on or after 6 April 2016.

www.moneyhelper.org.uk/en/pensions-and-retirement/state-pension/pension-credit

At what age did you become a widow? My mum was 54

TinSoldier

Louisa1523 is incorrect.

Genuine question... why is this incorrect?
@whiff stated she is to get a full new state pension in April..... my understanding is there is no pension credit in these circumstances

My husband died aged 57 when I was 55. 11 years later when I applied for my pension as I was approaching 66, I saw that I could claim part of his pension. It took months and numerous phone calls for it to be sorted and eventually over 2 months after my birthday, I finally received my full state pension with the princely sum of £7 extra per week. He had worked since he was 15 up until a few months of his death so the DWP didn't give much of his contribution back

My daughter-in-law’s father died in January last year. His widow has been awarded an increase in her state pension which comes from her late husband’s pension. She was born before 1953 and so was her husband, it was done automatically when she notified DWP of her hisband’s death.

I eventually recv'd around £2 extra per week from my late DH's pension. Then when the pension was increased last year the letter I recv'd notifying me mentioned an increase based on my previous pension amount not taking into account the enhanced figure. I wrote to them asking whether the new amount was correct and sent it recorded delivery. Over 1 yr later I still have not had a reply. I have written again and still no response. I've pretty much given up all hope now.

As far as I am aware my share of my husbands state pension was automatically paid to me at the same time I was awarded my state pension . I didn’t have to claim it .

Skydancer

I don't understand why there are 2 tiers of pension. Why isn't everyone getting the new state pension? Why is it assumed that the new amount is needed now and yet it's less for other people.

Because the "old" pension comprises two parts: a Basic State Pension and Additional State Pension paid for with contributions to SERPS and the Second State Pension. Under this, someone can receive (at current rates) Basic State Pension of £156.20 plus Additional State Pension of up to £204.85 a total of 361.05.

Under the New State Pension the maximum one can receive is £203.85. There is no longer the ability to contribute towards an Additional State Pension.

Also, under the New State Pension, there is no ability to inherit any part of a late husband’ basic pension, only 50% of his graduated and Additional State Pension.

There are transitional rules for people whose pension age means they fall within the New Station system but contributed towards an Additional State Pension and would have been better off under the old system. They have what is called a Protected Payment added to their New State Pension.

Indeed, but women born after 5 April 1953, who therefore come within the rules of the New State Pension, need to be clear that they can only inherit 50% of a late husband's graduated and Additional State Pension not any part of his main state pension.

I don't understand why there are 2 tiers of pension. Why isn't everyone getting the new state pension? Why is it assumed that the new amount is needed now and yet it's less for other people.

Just started getting my state pension when you’re invited to apply you put your marital status in my case widow then you put your late husband’s name. I automatically got inherited pension from my late husband

Go on the UGov.uk website and or phone them - good luck

LOUISA1523

Whiff

65sucks I looked into it as my husband died in 2004 aged 47 . I will get full state pension for me end of April and 48p per week from my husband's contributions.

Get in touch with Citizens advice you may not get any of your husband's state pension but may be able to get pension credit. The advisor I was with for 3 hours helped me talk to DWP and they filled in a form and I need to phone DWP on my birthday and the advisor wrote down what I need to say. And told me if I don't get pension credit then to get another appointment with them and they will help me.

Hope this has been of some help.

There's no pension credit with new state pension .....only old state pension

People receiving the new state pension can receive pension credit, if they're not receiving the full amount (including any occupational pension) and don't have savings.

My husband died aged 65. I was told by DWP I couldn’t claim anything because he hadn’t reached 66.

My husband died in May 2016 and I couldn't claim anything from his state pension, despite the fact that he hadn't actually drawn any of it. On the other hand, I do get the full new state pension. The State giveth and the State taketh away.

She might have built up an additional state pension of her own or might have inherited some of your father’s pension.

The current basic state pension is £156.20 basic but someone can also have built up an Additional State Pension to a maximum of £204.85 giving a total of £361.05. Those would be people who hadn’t been contracted out of SERPS so didn’t pay into an occupational pension scheme.

This explains what can be inherited under the old pension system.

www.gov.uk/additional-state-pension/inheriting

I do know a couple of older women who have inherited 100% of state pension and SERPS and receive close to those amounts. There was no occupational pension for them to inherit as their husbands had worked for small employers who did not have pension schemes.

LOUISA1523

My Mums state pension is going up to £265 a week....but guessing thats because she's older ( 80s)

I got an extra 25p per week when I turned 80 wow .

Louisa1523 is incorrect.

LOUSIA1523 why did the person at DWP say there was and filled in the form and gave a reference number to quote when it's my birthday? All very confusing. Or it may have been because I am disabled and have enhanced PIP for living and enhanced mobility indefinitely as awarded by the PIP tribunal last year and back dated until March 2022 when I asked for the forms. Plus I get UC and the health UC can't remember the correct title of that. Both UCs stop when I get my state pension.

Whiff

65sucks I looked into it as my husband died in 2004 aged 47 . I will get full state pension for me end of April and 48p per week from my husband's contributions.

Get in touch with Citizens advice you may not get any of your husband's state pension but may be able to get pension credit. The advisor I was with for 3 hours helped me talk to DWP and they filled in a form and I need to phone DWP on my birthday and the advisor wrote down what I need to say. And told me if I don't get pension credit then to get another appointment with them and they will help me.

Hope this has been of some help.

There's no pension credit with new state pension .....only old state pension

My Mums state pension is going up to £265 a week....but guessing thats because she's older ( 80s)

65sucks should say I had my letter with code end of January and applied for my state pension online. It was very easy to do but you need to wait for the letter with the code. And then had a letter telling me how much I will get and another letter about the 48p from my husband's contributions.