Widow - any access to husbands state pension

lisyloo

McKneff wrote: »

there has never been a time when a widower would inherit her deceased spouses 100% pension.
Maybe she has misunderstood the advice given at the time of grieving.

My MIL recently inherited about £120 of her husbands state pension (not 100% but a significant amount).
Her SP went from £80 to £200 (she lost pension credit of course).

She was 91 and he was 89 when he died.

Wendypezzuto

Hi
My husband died in February 2018 at the age of 63.
I received my state pension in March 2020 and he should have received his in April 2020. Upon contacting HMRC I was told that I was not entitled to any part of his pension as he did not have "protected Payments". Hadn't even heard of them until they told me. It does not seem fair that he paid 35years National Insurance and yet I as his widow receive no part of it.
At the moment I receive Pension Credit to make up my money as did not have enough contributions myself., however I am selling my house to downsize and then will have over amount that I can claim Pension Credit .So I will lose that money as well.
In short I have been totally done over by the government ...... Missed out on nearly 6 years of pension due to age being raised for women and then losing out on any entitlement from my husbands.
Anybody have any advice
Thanks
Wendy

xylophone

My husband died in February 2018 at the age of 63.
I received my state pension in March 2020 

See page 15 ( but bear in mind that "single tier" arrangement was introduced 6/4/16 ( full NSP was £155.65)  

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/181235/derived-inherited-entitlement.pdf

"Derived pension entitlement:

43.Individuals in the scenario above, where both the Dependant and Contributor reach SPa in single tier, will not be able to derive entitlement to Category A or B pensions.

Inheritance of the Protected Payment

44.Additional State Pension will cease to exist after the introduction of single tier. The amount of state pension over £144 which will form part of some individuals’ Foundation Amount will be known as the ‘Protected Payment’. From the introduction of single tier, the Protected Payment will be revalued in line with the Consumer Prices Index (CPI), and also uprated in line with CPI."

Your husband's entitlement to state pension would have been calculated (under old and new rules) on 6/4/16.

NI years/30 x £119.30 + ( SERPS/S2P - deduction for contracting out, if applicable).  Old Rules

(NI years/35 x £155.65) - Contracted Out Pension Equivalent (if applicable).  New Rules

His "starting amount" was the higher of the two.

He would only have had a "protected payment" if his starting amount was greater than a full new state pension.

With regard to your Pension Credit, see  https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf

It is not necessarily the case that the increase in capital following your property sale will lead to your losing all pension credit.

You say that your own NI record shows missing years - if you find that you do lose PC, it might be worth investigating whether you could improve your State Pension by using some of your capital to make voluntary contributions.

See   page 6 onwards

 https://www.royallondon.com/siteassets/site-docs/media-centre/good-with-your-money-guides/gwymg-1b-topping-up-state-pension-2019-interactive.pdf

You would need to  check your personal situation to see if it is possible for you to improve your pension. 

https://www.gov.uk/future-pension-centre

molerat

Wendypezzuto said:

In short I have been totally done over by the government ...... Missed out on nearly 6 years of pension due to age being raised for women and then losing out on any entitlement from my husbands.
Anybody have any advice

I am saddened by the situation you find yourself in but you have not been "done over by the government", you have been done over by your own failure to plan around the pension changes of 1995, 2010 and 2014, the latest change being 6 years ahead of your retirement date and which gave many of our age a second bite at the pension cherry.  If you have any gaps in you NI history as far back as 2006-07 then you may be able to fill them to increase your pension - if you supply details then many here will be able to advise and xylophone has supplied some excellent links above.  MrsM has very few years paid employment but will be receiving the full pension next year, more than I get with 42 years filled, which is purely down to our planning ahead.

Pollycat

I agree with molerat.

I'm a couple of years older than you but I have a state pension in my own right - because I planned it that way.

heleneter

My husband died in October 2016, before pensionable age. I was told when I retire I would receive “some” of his state pension.
I have come to that age now but I haven’t received a penny. I begged with HMRC and had to jump through hoops to find anything out. I received his pension forecast with no reasoning other than the fact that he had paid NI for 34 years. That’s all I know. Surely I would be entitled to something? But unable to get any answers

molerat

Post 2016 retirees receive a pension based on their own records. Inheritance except under a few limited exceptions ended.  If he had died prior to April 2016, even though he would have reached retirement under the new scheme, the situation would have been different.

xylophone

That’s all I know. Surely I would be entitled to something? But unable to get any answers

See  page 15 here, bearing in mind that the New State Pension was introduced 6 April 2016 at a rate of £155.65 a week.

https://assets.publishing.service.gov.uk/media/5a758e27e5274a6faebebd94/derived-inherited-entitlement.pdf

Your husband had not reached SPA when he died in October 2016, shortly after the introduction of the new scheme and neither had you.

Your late husband's "starting amount" for NSP  would have been calculated at 6/4/16 (see my post above).  If it was equal to or lower than a full NSP, he would not have had a "protected payment".

Under the new system, when you reached SPA, the only possibility of any inheritance from your late husband would have been half of his "protected payment"  (see full details in link above).

If your husband was not entitled to a "protected payment", then there was nothing for you to inherit.