Reclaiming Unpaid Pension - Time Limits ?

edited 30 November -1 at 1:00AM in Pensions, Annuities & Retirement Planning
13 replies 4.9K views
mal2869mal2869 Forumite
5 Posts
Hi

I am writing on behalf of my mum.

The situation is this. My dad died in 2003 and had always handled my mums money and he had basically told her she wouldn't get her pension until he did. Well he died aged 59. She was 65 when he died.

That meant she had missed five years of her pension. She was told by the pension office after my dad died she would get it all back. They never did give it to her though. So they basically kept about £22,500 pounds by my estimation.

I did follow up for her a few years after this but they declined to pay out.

My question is can she get any of this money back even though it's six years later and eleven years from when she should have been claiming her pension. Is there no law that says she is entitled to get this back payment ?

The other question i have concerns getting a second pension. Can she claim for my deceased dad who would have been 65 on October 21st 2009 this year ?

Is she entitled to any of his pension even though he died in 2003 ?


I would really appreciate any information on this as the pensions system seems hard to completely understand and i have spent a long time reading the official pages trying to understand it all.

Thanks in advance for any help possible on this.
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Replies

  • chesky369chesky369 Forumite
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    I take it we're talking State Pension here, not occupational. I think your mum should go to your local citizens' advice bureau a.s.a.p. They will go through what she's entitled to and will also help her with any appeal she should be making to the pension department and, if necessary, chase them up. Also they will check to see if she is eligible for pension credit and council tax benefit, etc. Our local CAB office plays host to the state pension department on a weekly basis, so it's possible yours has a similar arrangement.
  • seven-day-weekendseven-day-weekend Forumite
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    If she was not entitled to any pension in her own right (through not having paid enough NI), but would be claiming 60% from her husband's NI, then she would indeed have to wait until he was 65 to get it.

    However, once he died she would be entitled to 100% pension based on his NI. AFAIK she would not be entitled to any backpay as she did not qualify for the pension until your dad died.

    If she was entitled to Pension in her own right, they would have contacted her before her 60th birthday to claim it.


    I think she may be entitled to some S2P (the earnings-related part, also known as SERPS) from your dad;'s pension but am not sure about this.

    It may be worth her while seeing a Welfare Rights Advisor at the CAB who will be able to tell her everything she is entitled to.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • mal2869mal2869 Forumite
    5 Posts
    She gets a state pension and paid enough contributions over the years for it.

    She says she never received a letter but it's possible she did and my dad opened it and for whatever reason didn't let on.

    I did file an online appeal for her years back but they didn't give her the money she missed.

    My mum hates making a fuss so getting her to a citizens advice bureau might be difficult.

    I was just wondering if she was not advised very well when she saw the pensions people and perhaps she should have got some of the money she missed back and i'm also wondering if she needs to actually make a claim for anything my dad would have got this October or whether they will automatically tell her and send her a letter ?
  • McKneffMcKneff Forumite
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    Does she get a full state pension and if so has she been getting this since she was 60
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Does she get a full state pension and if so has she been getting this since she was 60

    No she only started getting the pension after my dad passed away so she missed five years of her pension.
  • seven-day-weekendseven-day-weekend Forumite
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    Are you absolutely sure she paid enough Contributions? Was she paying full NI? Or only the Married Womens' Stamp?

    I think it is most strange if she has paid enough in her own right, that they would not have contacted her at all during the five years.

    She won't be able to claim anything your dad would have got other than (I think) some of his SERPS (S2P).
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • McKneffMcKneff Forumite
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    i think that she probably only paid married womans stamp, am i right.
    You really need to get proper facts to enable any one to help.
    I have worked and paid full stamp for the past 23 years, married womans stamp before that but am still only allowed to claim either £52 in my own right or
    £57 on my husbands contributions in October when i am 60.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • chesky369chesky369 Forumite
    2.6K Posts
    If she had paid full NI contributions, she would have received a pension in her own right when she got to 60. If she had paid only the married woman's stamp, she would not have done so. I myself had a reduced pension even though I had paid a full stamp for many years, which increased when my husband reached 65. So I would guess your mother - who must be 71 now - like many others of her generation, paid the lesser amount without realising it would have such an effect on her pension later on.
  • edited 1 May 2009 at 11:33AM
    seven-day-weekendseven-day-weekend Forumite
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    edited 1 May 2009 at 11:33AM
    I really think that this lady must have paid the married womens' NI. The facts as the OP has put them are explained if this is the case.

    To the OP, if your mum was paying the 'Married Womens' Contributions stamp it won't have qualified her for any State Pension in her own right and she would not have received anything until your father reached retirement age. Then it would be 60% of his pension.

    When he died, she would then be able to claim 100% from his contributions.

    It seems to me as though this must be what has happened.

    In which case the Pension Service do not owe her anything.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • mal2869mal2869 Forumite
    5 Posts
    I really think that this lady must have paid the married womens' NI. The facts as the OP has put them are explained if this is the case.

    To the OP, if your mum was paying the 'Married Womens' Contributions stamp it won't have qualified her for any State Pension in her own right and she would not have received anything until your father reached retirement age. Then it would be 60% of his pension.

    When he died, she would then be able to claim 100% from his contributions.

    It seems to me as though this must be what has happened.

    In which case the Pension Service do not owe her anything.

    Sorry my computer crashed a few weeks back so i lost the bookmarks.

    She is on an actual pension as i have seen the letters.

    This is the story. She had been paying fully and working fully until 1981 when on a holiday down in Wales she broke her neck after falling off a cliff and well there was a lot more injuries than just the neck but it took many years of psychio exercises to recover and she still has lost feelings in her hands. So she paid in i think for probably a little over twenty years. The state tops up her actual pension with pension credits of around £23 something a week.

    The fact is it must have been a pension since my father passed away at 59 and thats when she started collecting. She was informed it was her pension and she had missed a number of years of it. It was not my dads pension. The forms they send state it's her pension entitlement but of course having the injury in 1981 meant she didn't pay enough contributions for the full pension due to having to retire from work.

    So the thing is it seems very unfair she was informed by two different people she would get the backdated pension then someone in an office somewhere decided no.

    So is she entitled to anything else later this year when my dad would have been 65 ?

    Is there no way to get her back dated money which she was entitled to back ?

    It annoys me actually that our freeloading politicians can get £20,000 each year for their second homes but my mum loses an equivalent amount which is mearer five years. I will try and get some of the paperwork tomorrow and come back with more information.
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