State Pension for divorcee in her 70's!

Bizzywizard
Bizzywizard Posts: 232 Forumite
Fifth Anniversary 100 Posts Name Dropper
Hi,

I wounder if anyone can help.

My mum receives £362.59 a month so has an under payment of £204.81 a month. To date this stands at £13,106.24 by my calculation, but I could be wrong!

My father divorced my mother in April 2017 due to his hooking up with a hussy from Penn Wolverhampton  ( they are now married apparently)! At which point I assumed my mother would have had an increase in her state pension to the full £567.40 a month. Shes not one to talk money, so had no idea she was on and underpyment, until I pointed her in Martin Lewis direction.

My mother worked for 10 years and then I came along and my father got a better paid job down in the South West, but as my mum had no support, 2 hours away from friends and family, So my parents decided she should be the stay at home wife and look after myself, my brother and the house. When the time was right for my mother to return to her typing job, this was a big no as her hands were crippled with arthritus (she never claimed for anything). Just had the family allowance. So she was stuck in the home. 

My father was a 40% tax payer and was on a good wage, so they thought they would be fine in retirement. Clearly miss male parts had other ideas! Clearly I have nothing to do with him.

I understaood that on the old state pension system women who didn't work enough would then have their husbands contributions taken into account. My mothers gets a little more than 60% this is for when she was married! Surely since 2017 she should be on the full 100%. The pension department said her divorce is nothing to do with it.We have asked for the paperwork.none is fourth coming and no review is in sight! I am really not sure who they are empolying at the Pension hotline. I really think they hope old folk will pop their clogs, so they don't have to deal with them!

My mother and I have called the Pensions helpline and we like we are banging our heads against a state pension brick wall.

The Pensions department said ' Your husbands contributuons are nothing to do with your entiletment'.....errrmmmmm its her XXXXX husbands, so that upset my mum and requested a supervisor call back, no on ever did, hence me calling.
They also said well you get a seperate private pension! So what, I thought the two were seperate!!!! My mother went without for years, no holiday, no new dresses this is a small perk from her ex husband....she would prefered to have stayed married and in her original home!

What I would like to know is can she claim the fiull state pension as of April 2017 due to the divorce? Which is what I believe alot of divorcees over 70 are currently missing out on, as the computer says no! 

Many thanks in advance!

Thought the Wolverhampton hussy bit might make you laugh....but its all true!

Bizzy
«13

Comments

  • Marcon said:
    Hi,

    I wounder if anyone can help.

    My mum receives £362.59 a month so has an under payment of £204.81 a month. To date this stands at £13,106.24 by my calculation, but I could be wrong!

    My father divorced my mother in April 2017 due to his hooking up with a hussy from Penn Wolverhampton called Anne ( they are now married apparently)! At which point I assumed my mother would have had an increase in her state pension to the full £567.40 a month. Shes not one to talk money, so had no idea she was on and underpyment, until I pointed her in Martin Lewis direction.

    My mother worked for 10 years and then I came along and my father got a better paid job down in the South West, but as my mum had no support, 2 hours away from friends and family, So my parents decided she should be the stay at home wife and look after myself, my brother and the house. When the time was right for my mother to return to her typing job, this was a big no as her hands were crippled with arthritus (she never claimed for anything). Just had the family allowance. So she was stuck in the home. 

    My father was a 40% tax payer and was on a good wage, so they thought they would be fine in retirement. Clearly miss male parts had other ideas! Clearly I have nothing to do with him.

    I understaood that on the old state pension system women who didn't work enough would then have their husbands contributions taken into account. My mothers gets a little more than 60% this is for when she was married! Surely since 2017 she should be on the full 100%. The pension department said her divorce is nothing to do with it.We have asked for the paperwork.none is fourth coming and no review is in sight! I am really not sure who they are empolying at the Pension hotline. I really think they hope old folk will pop their clogs, so they don't have to deal with them!

    My mother and I have called the Pensions helpline and we like we are banging our heads against a state pension brick wall.

    The Pensions department said ' Your husbands contributuons are nothing to do with your entiletment'.....errrmmmmm its her XXXXX husbands, so that upset my mum and requested a supervisor call back, no on ever did, hence me calling.
    They also said well you get a seperate private pension! So what, I thought the two were seperate!!!! My mother went without for years, no holiday, no new dresses this is a small perk from her ex husband....she would prefered to have stayed married and in her original home!

    What I would like to know is can she claim the fiull state pension as of April 2017 due to the divorce? Which is what I believe alot of divorcees over 70 are currently missing out on, as the computer says no! 

    Many thanks in advance!

    Thought the Wolverhampton hussy bit might make you laugh....but its all true!

    Bizzy
    With all due respect, it's not helpful to bury the facts in a whole load of comments. I haven't had time to read the whole post, but https://www.lcp.uk.com/divorce/ looks as if it will be useful (not least because you can take up LCP's suggesting to 'let us know how you get on' - but please stick to just the relevant facts if you want them to read it).
    Charming!

    The facts are clealy at the top of the page!
  • jem16
    jem16 Posts: 19,544 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi,

    I wounder if anyone can help.

    What I would like to know is can she claim the fiull state pension as of April 2017 due to the divorce? Which is what I believe alot of divorcees over 70 are currently missing out on, as the computer says no! 

    Did anyone inform the DWP of this change in circumstances? They can only act on information received if she was already in receipt of her state pension when she divorced. 

    When exactly did your parents reach SPA? This is important as the rules changed in April 2016. 
  • jem16
    jem16 Posts: 19,544 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Linton said:


    You seem to be under the impression that a divorcee is due a full "stanard" state pension on divorce because of the then  spouse's NI contributions.  This is certainly not and never has been the case. 


    Prior to April 2016 divorced women could claim a pension based on their ex husband’s NICs providing they had not remarried. Assuming the ex husband had a full BSP then the ex wife would also be entitled to that if it was higher than their own which for many it was. The link you provided even confirms that. 
  • Bizzywizard
    Bizzywizard Posts: 232 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 21 November 2022 at 2:03PM
    jem16 said:
    Hi,

    I wounder if anyone can help.

    What I would like to know is can she claim the fiull state pension as of April 2017 due to the divorce? Which is what I believe alot of divorcees over 70 are currently missing out on, as the computer says no! 

    Did anyone inform the DWP of this change in circumstances? They can only act on information received if she was already in receipt of her state pension when she divorced. 

    When exactly did your parents reach SPA? This is important as the rules changed in April 2016. 
    Hi Jem,

    This was the issue she had no idea she was supposed to call the DWP about the divorce, Solicitor did not advise her to do so.I only know from what Martin Lewis was stating, they even had her old address and this was given to DWP many years ago. She took the state pension at 62 and divotced aroung 4 years later. Hence, why we called the DWP back in April this year and they said the Divorce makes no difference to the amount she is paid, but kept calling my father her husband. I believe she should of had the uplift when divorced, but understand they won't go back that far, but are still not offering any uplift  now.

    I hope this makes sense.

    Thank you for your reply.
  • jem16
    jem16 Posts: 19,544 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    jem16 said:
    Hi,

    I wounder if anyone can help.

    What I would like to know is can she claim the fiull state pension as of April 2017 due to the divorce? Which is what I believe alot of divorcees over 70 are currently missing out on, as the computer says no! 

    Did anyone inform the DWP of this change in circumstances? They can only act on information received if she was already in receipt of her state pension when she divorced. 

    When exactly did your parents reach SPA? This is important as the rules changed in April 2016. 
    Hi Jem,

    This was the issue she had no idea she was supposed to call the DWP about the divorce, Solicitor did not advise her to do so.I only know from what Martin Lewis was stating, they even had her old address and this was given to DWP many years ago. She took the state pension at 62 and divotced aroung 4 years later. Hence, why we called the DWP back in April this year and they said the Divorce makes no difference to the amount she is paid, but kept calling my father her husband. I believe she should of had the uplift when divorced, but understand they won't go back that far, but are still not offering any uplift  now.

    I hope this makes sense.

    Thank you for your reply.
    So she reached SPA at age 62 which would have been prior to April 2016. 

    Unfortunately the onus was on your Mum to inform the DWP of her change of circumstances and ask for her pension to be reviewed. It will only be backdated to that time so April 2022 from what you’re saying. 

    The difficulty may have arisen because of the change to the system in April 2016 where divorcees can no longer use their ex spouse’s NI record. That shouldn’t apply to your Mum though as she reached SPA prior to April 2016. 

    I would suggest writing back again and making it clear that she’s entitled for her pension to be beamed on her ex spouse’s NI record due to when she reached SPA. If that still doesn’t work then contact Steve Webb. You should get his details from the link given to you earlier. 
  • Bizzywizard
    Bizzywizard Posts: 232 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 21 November 2022 at 2:14PM
    jem16 said:
    Linton said:


    You seem to be under the impression that a divorcee is due a full "stanard" state pension on divorce because of the then  spouse's NI contributions.  This is certainly not and never has been the case. 


    Prior to April 2016 divorced women could claim a pension based on their ex husband’s NICs providing they had not remarried. Assuming the ex husband had a full BSP then the ex wife would also be entitled to that if it was higher than their own which for many it was. The link you provided even confirms that. 
    Hi Jem,

    That is correct, she is on the old state pension/system. Which I think confuses alot of people. My mother has not remarried and has no intention of meeting anyone else.

    My father worked from the age of 16 to 72, so had far more qualiying years and from the age of anout 35 was a 40% tax payer.
    My mother wored from 17 to 27 so had 10 years of NI contributions.
  • xylophone
    xylophone Posts: 45,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My mum receives £362.59 a month 

    State Pension is not paid by calendar month but four weekly.

    Does her state pension statement (increase in benefit letter probably received in March) show that she receives £90.64 a week?


    This means that she is  indeed receiving slightly more than the  "Cat B (L)" state pension (60% Basic) that can be paid to a woman who is claiming on her spouse's contributions - this is currently £85 a week.


    Both your parents reached SPA before 6/4/16 when the new state pension was introduced?



    See P20 onwards here for the rules relating to the old system bearing in mind that the new system was introduced in 2016 not 2017.


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


    The rules relating to the new system are in previous pages.


    You could put your question on the Benefits Board.

  • Brie
    Brie Posts: 14,110 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Was there nothing split re pensions when your parent's divorced?  I would have thought your father might have had a decent occupational pension and she would have been entitled to a significant portion of that - unless of course other assets were given to her instead.

    I know this is not what you are asking about but it's what jumps out as missing from the discussion.  
    I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe and Old Style Money Saving boards.  If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

    "Never retract, never explain, never apologise; get things done and let them howl.”  Nellie McClung
    ⭐️🏅😇
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.8K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.5K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.