State Pension for divorcee in her 70's!

Linton

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. 

It does. But it also goes on to say that this applies only to the pre2016 "basic" pension, currently 141.85, and not to the post 2016 185.15 "standard pension".  

Marcon

Bizzywizard said:

Marcon said:

Bizzywizard 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!

Unfortunately they aren't as Linton has also pointed out - but the link I've given should take you to the next stage in your enquiries.

xylophone

It does. But it also goes on to say that this applies only to the pre2016 "basic" pension, currently 141.85, and not to the post 2016 185.15 "standard pension".  

You can check the link 

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

for details of the transitional and the old rules (p 20 onwards).

MalMonroe

Hi, there is some really good information from this site in the following link -

https://www.moneysavingexpert.com/news/2022/09/more-women-could-be-missing-out-on-state-pension-payments/

I'm now 72, was divorced in 1991 (similar story, ex went off with a 'hussy' and is now on his fourth marriage . . .) and my pension has a supplement from my ex's NI contributions, which doesn't affect his pension at all but boosts mine slightly. I have never remarried. Although I haven't ruled it out for the future! (Ever the optimist . . )

I also have two small private pensions and they do not affect my state pension in any way.

Women who stayed at home to look after children in the past do not miss out on NI contributions since they are entitled to receive  "Home Responsibilities Protection (HRP)". HRP was awarded automatically to those claiming child benefit. All is explained in better detail in the MSE link above.

Your mum (or you) could also check her NI contributions online. 

https://www.gov.uk/check-national-insurance-record

Your Mum could then phone the Pensions Service if there's any doubt about her payments. Apparently, things did go wrong generally, and when I first retired in 2010, my state pension amounts were wrong, as were many other retirees at that time. You do have to keep an eye on things because sometimes people do make mistakes. Even those working at the Pension Service.

As jem16 has pointed out above, pensions changed quite dramatically in 2016. Pensioners now receive different amounts and different rules apply to different pensions, every case is judged on its own merit, so to speak.

I hope you manage to get things sorted for your Mum.

MalMonroe

PS just an after-thought - would your Mum be eligible for any pension credit?

It might be worth contacting Citizens Advice - 
https://www.citizensadvice.org.uk/resources-and-tools/search-navigation-tools/Search/?q=pension+credit&c=TOP-PUBLIC

molerat

Women who stayed at home to look after children in the past do not miss out on NI contributions since they are entitled to receive  "Home Responsibilities Protection (HRP)". HRP was awarded automatically to those claiming child benefit. All is explained in better detail in the MSE link above.

But only from the 1978-79 tax year, there was no protection prior to that.

xylophone

"Home Responsibilities Protection (HRP)". 

 But note when it started.This may be of interest.

https://www.britishpensions.org.au/archive/Home-responsibilities.htm

jem16

Linton said:

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. 

It does. But it also goes on to say that this applies only to the pre2016 "basic" pension, currently 141.85, and not to the post 2016 185.15 "standard pension".  

If you look at the original post he quoted £574.60 which is 4 times the £141.85 so he wasn't referring to the "standard" pension as you seem to have assumed. He was rightly referring to the BSP amount. 

whizzywoo

As pointed out by MalMunro above, your Mother will probably qualify for a means tested top up called Pension Credit if her only income is a small State Pension. 

It will also depend on her other financial circumstances as well such as savings and capital but is easy to claim.  There's quite a backlog at the moment but would be backdated to when you put the claim in.  It's well worth claiming because even if the award is only very small it means free council tax and other benefits. 

You mentioned that your Mother is crippled with arthritis, so am I.  It is also very easy to claim Attendance Allowance for help with Personal care even if your Mother doesn't actually receive any care.  It would also mean that any Pension Credit due would be higher. 

It's not usually required to attend an assessment for Attendance Allowance and you can read about it here https://www.gov.uk/attendance-allowance

Pension Credit here https://www.gov.uk/pension-credit

Pollycat

MalMonroe said:

PS just an after-thought - would your Mum be eligible for any pension credit?

It might be worth contacting Citizens Advice - 
https://www.citizensadvice.org.uk/resources-and-tools/search-navigation-tools/Search/?q=pension+credit&c=TOP-PUBLIC

There are also benefit calculators on gov.uk website:
Benefits calculators - GOV.UK (www.gov.uk)

Personally, I prefer to do things myself before I consult the 'experts' so I know what I'm talking about.
I learned that when I was given incorrect advice at my GP surgery regarding travel vaccinations, and I had printed out the advice from a reputable source which differed to what the nurse said. She agreed I was right.