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Legal, pensions and money

Spouse's state pension on death-is spouse eligible for %, or not?

(46 Posts)
Birthto110 Wed 24-Jan-24 15:31:54

I read another thread re SP which readers responded to and said that when spouse dies, 'It stops' , meaning the spouse is not eligible for any part of it. But my mum in law seems to get half her husband's now that he's died, is that right? Confused. Did the law change? I will look it up - but interested if people have insights.

Auntieflo Wed 24-Jan-24 15:51:13

If they died before 6 October 2002, you can inherit up to 100% of their SERPS pension. If they died on or after 6 October 2002, the maximum SERPS pension and State Pension top up you can inherit depends on their date of birth

This is what I found, and I understand that I would be able to inherit 90% of my DH Serps pension.
He was born in June 1939.
Please advise me if I am wrong.

annsixty Wed 24-Jan-24 16:08:50

I can’t say what % of my H’s pension I inherited or really what it was made up of but I can say I was very pleasantly surprised just how much it was. Much more than I was expecting.
His Birth date was March 1936.
I am talking SP here,I also inherited 50% of his other pension from his job but I alway knew that was the case.

annsixty Wed 24-Jan-24 16:11:12

Should add after reading Auntieflo’s answer my H died in 2019.

Georgesgran Wed 24-Jan-24 16:39:38

Obviously things have changed My DH was born in 1950 and died in 2021 (aged 70). I got an extra £50 every 4 weeks on my SP, well under 10% of his.

1summer Wed 24-Jan-24 17:11:24

My husband died in 2022 aged 70. I was told I was not eligible for any of his pension.

Whiff Wed 24-Jan-24 17:11:50

My husband was born in 1957 died in 2004 . We got married in 1981. I was born in 1958 and get my state pension April. I will get full state pension but I will only get 48p per week from my husband's 30 years of NI contributions.

annsixty Wed 24-Jan-24 17:21:29

I must consider myself very lucky it seems.

Alygran Wed 24-Jan-24 18:04:51

The rules did change with the new state pension. My DH died in 2017 at the age of 64 and never received any SP. I got my state pension in 2021 at the age of 66. This is based entirely on my NI years.
I do have my own occupational pension and half of DH’s

Casdon Wed 24-Jan-24 18:20:19

I think you’re right Alygran. I’m on the new state pension, my husband died in 2006, and I get £2.70 a week from his contributions. think it must be tapering depending on your age and the pension arrangement and contributions on death/retirement you, and your husband, were on.

Birthto110 Wed 24-Jan-24 18:47:34

This is more complex than I thought and wonder if there are any errors sometimes. Seems all very odd and not very transparent to me. My father in law was born in 1935 and died in 2020. My mil seems to get almost 100 percent of his pension as far as I can tell , going to look into it in more detail. I am really confused. That's fine as long as no-one asks for it back. Is it an upgrade because of married women who only paid half stamp for some years?

Georgesgran Wed 24-Jan-24 18:58:47

This is State Pension 1summer. Are you getting mixed up with your late DH’s occupational pension? Seems odd that our DH’s were roughly the same age and you’re getting nothing added onto your SP.

1summer Wed 24-Jan-24 20:31:01

Georgesgran

This is State Pension 1summer. Are you getting mixed up with your late DH’s occupational pension? Seems odd that our DH’s were roughly the same age and you’re getting nothing added onto your SP.

No I get 50% of his private pension. I think it’s because the rules changed in April 2016 and husband didn’t get state pension until October 2016. Those reaching retirement age after April 2016 and get flat rate pension, nothing can be inherited. But if you have an additional protected amount spouse can inherit a percentage.
It’s very complicated though.

Casdon Wed 24-Jan-24 20:37:52

Birthto110

This is more complex than I thought and wonder if there are any errors sometimes. Seems all very odd and not very transparent to me. My father in law was born in 1935 and died in 2020. My mil seems to get almost 100 percent of his pension as far as I can tell , going to look into it in more detail. I am really confused. That's fine as long as no-one asks for it back. Is it an upgrade because of married women who only paid half stamp for some years?

It may well be correct because your father in law was already in receipt of his pension before the new state pension came in during 2016. It sounds like similar circumstances to annsixty.
Here’s an explanation which may help.
www.moneyhelper.org.uk/en/benefits/benefits-in-later-life/state-pension-death-benefits

Deedaa Wed 24-Jan-24 20:41:04

My pension went up when my husband died. I'd always thought I would be left with just the pension I already had, so that was a pleasant surprise. My husband worked for Waitrose until he retired and I was also surprised to find that I would get half his Waitrose pension after he died. I also inherited various benefits like the partner discount.

Georgesgran Wed 24-Jan-24 21:02:17

Blimey 1summer. It is complicated, isn’t it?

Birthto110 Wed 24-Jan-24 21:16:32

It's complicated but also , more worryingly - not very transparent - and if there were mistakes or underpayments in state pension entitlement , people who never ever know.
The next scandal? Especially if worked out by some IT system.

Surely Govt need to provide a full workings out /full breakdown, to justify their monthly DWP sum into the bank account?

petra Wed 24-Jan-24 21:34:54

Birthto110

It's complicated but also , more worryingly - not very transparent - and if there were mistakes or underpayments in state pension entitlement , people who never ever know.
The next scandal? Especially if worked out by some IT system.

Surely Govt need to provide a full workings out /full breakdown, to justify their monthly DWP sum into the bank account?

The next scandal is already being spoken about.

www.spectator.co.uk/article/theres-another-dodgy-data-scandal-brewing/

Elusivebutterfly Wed 24-Jan-24 21:50:58

My DH died in 2009 and I retired in 2013. I get around £60 per month on top of my basic State Pension. Around half of this is due to my Graduated Pension /SSP and the rest from my DH. I was never able to work out what money came from where. Whichever, it is not much compensation for paying NI for around 45 years but dying before pension age.

Cabbie21 Wed 24-Jan-24 22:47:18

I think Martin Lewis highlighted serious errors to women’s pensions recently, but I don't have details.

Cabbie21 Wed 24-Jan-24 22:49:02

Here is the link.
www.moneysavingexpert.com/reclaim/married-women-missing-state-pension-boost/

travelsafar Wed 24-Jan-24 23:13:28

The whole thing about SP, pension credit etc is very confusing. I am in receipt of some PC but afraid to use it in case it has been given incorrectly. Especially as when awarded it I had three letters in quick sucession awarding me different amounts each time!!! Even after finally speaking to someone at DWP I am still worried.🤔🤔🙈🙈

Cabbie21 Thu 25-Jan-24 08:27:26

It is a real mess and so hard to know if what you get is right or not.

Sawitch Thu 25-Jan-24 09:03:50

The state pension awarding system is very confusing. My DH died in 2011 aged 59 but I don’t get any of his state pension. I was led to believe that this is because I have a full SP in my own right, but who knows?

TinSoldier Thu 25-Jan-24 10:32:45

My husband died young. He paid graduated NI contributions and then SERPS until age 28 when he joined a company which has a very good pension scheme so opted out of SERPS.

I reached SP age in 2021. I worked and paid full NIC for over 35 years so I receive full SP in my own right, but I also get a small amount of inherited pension based on his graduated contributions and SERPS.

The inherited pension would, of course, have been greater has he remained in SERPS (and the second pension scheme which superceded that) but by opting out, he enhanced his occupational pension of which I inherited 50%.

Without going back through ancient records, I can't say how much his occupational pension was enhanced by the SERPs opt-out but I know I have been better off financially for him having done this. I have had my occupational widows pension for going on 20 years whereas I only received the inherited SP from age 66.