The old and new State Pension rules for surviving spouses — what you may inherit and how to check.
This guide is part of ProbateHelp's Support & Benefits guide cluster. Estimated reading time: 10 min.
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Under the new State Pension, you generally cannot inherit your partner's State Pension itself. GOV.UK says a widowed spouse or surviving civil partner may inherit an extra payment made up of Additional State Pension or a protected payment, depending on the dates and records involved. Contact the Pension Service on 0800 731 0469 to check.
If you reached State Pension age before 6 April 2016, you may be able to use your spouse's or civil partner's National Insurance record to increase your basic State Pension if your own basic pension is below the full basic rate of £184.90 per week. You may also inherit some Additional State Pension (SERPS/S2P). The Pension Service will calculate the exact amount.
You need to have reached State Pension age to receive inherited State Pension. If you have not yet reached State Pension age, you will not receive the inherited amount until you do. When you do claim, the inherited element will be included automatically if you have reported the death to the Pension Service.
GOV.UK says you can usually inherit your partner's extra deferred State Pension only if they reached State Pension age before 6 April 2016 and the other conditions are met. If they deferred for at least a year before claiming, you may usually choose between a lump sum and regular payments; shorter deferrals usually mean extra regular payments only.
Yes — if you remarry or form a new civil partnership before you reach State Pension age, you will not be able to inherit your former partner's State Pension. If you have already reached State Pension age and are already receiving the inherited amount, remarriage does not affect it.
Not necessarily. Under the new State Pension, you generally cannot inherit your partner's State Pension itself, but an extra payment may be possible if the protected-payment or Additional State Pension date rules are met. Under the old State Pension rules, you may be able to use your spouse's or civil partner's National Insurance record if your own basic State Pension is below the full rate. The Pension Service will calculate the exact figure.
No. State Pension inheritance rules apply only to married couples and civil partners. Cohabiting partners — however long the relationship — cannot inherit State Pension from each other. This is one of the key differences between marriage and cohabitation in UK law.
There is no single fixed processing time. Once you have reported the death and made any claim requested by the Pension Service, they will assess both National Insurance records and tell you whether any inherited or increased State Pension is payable. If you have not heard back, contact the Pension Service on 0800 731 0469.