womens state pension top up

PhilH1948

my wife received letter  from DWP stating that she was being paid increase in state pension from the date when I retired.
However the date they stated and have paid from was fthe date rom when I started to take my deferred pension which was 5 years later.
 I have rang and been told that this is correct.
Their website states 
"You can qualify for an increase, even if your spouse or civil partner has not claimed the State Pension."
when I pointed this out I was told this did not apply in this circumstance.
They said there was a note on the case on the system stating that no reply was needed to me because the date on the letter was correct.
I have asked for an appeals Mandatory  Reconsideration Notice and they have said it will take 6 to 8 weeks.
Has anyone any thoughts on this please?

Marcon

PhilH1948 said:

my wife received letter  from DWP stating that she was being paid increase in state pension from the date when I retired.
However the date they stated and have paid from was fthe date rom when I started to take my deferred pension which was 5 years later.
 I have rang and been told that this is correct.
Their website states 
"You can qualify for an increase, even if your spouse or civil partner has not claimed the State Pension."
when I pointed this out I was told this did not apply in this circumstance.
They said there was a note on the case on the system stating that no reply was needed to me because the date on the letter was correct.
I have asked for an appeals Mandatory  Reconsideration Notice and they have said it will take 6 to 8 weeks.
Has anyone any thoughts on this please?

Did you ask them why it didn't apply/what the relevant circumstance was?

PhilH1948

she said it meant people who had never claimed state pension.
she was obviously waffling , I was more interested in getting the MRN.

xylophone

https://www.legislation.gov.uk/ukpga/2004/35/notes/division/6/8/8#:~:text=Married couples&text=If a married man defers,increments will accrue on both.

A Category B retirement pension can consist of a basic retirement pension; or an additional retirement pension; or both. It is payable by virtue of a spouse’s qualifying years and earnings. It is paid to: married women; widows; widowers. In the case of a married woman a Category B pension consists of 60% of the spouse’s basic retirement pension. In the case of a widow or widower, a Category B pension may consist of a basic retirement pension of up to 100% of the spouse’s retirement pension (it may be combined with any Category A pension of the person’s own entitlement up to 100% of a full retirement pension payable to a single person). It may, with certain exceptions, also consist of half of a deceased spouse’s additional retirement pension.

If a married man defers his Category A pension, his wife cannot claim a Category B pension based on his contributions until such time as he claims his pension. However, increments will accrue on both. Similarly, if he claims his pension but later decides to give it up to earn increments, his wife’s entitlement to Category B pension will also be cancelled for the same period (subject to her consent) and increments earned on it.

1205.If a woman is entitled to her own Category A pension, she can claim or defer it without reference to whether her spouse is claiming his pension. However, in cases where her Category A pension could be increased by virtue of her husband’s contributions and that increase is deferred because he is not claiming his pension, no increments would be payable unless she deferred her own pension as well as the increase.

I wonder is the above relevant to the circumstances?

molerat

https://www.legislation.gov.uk/ukpga/2004/35/notes/division/6/8/8

1204.If a married man defers his Category A pension, his wife cannot claim a Category B pension based on his contributions until such time as he claims his pension. However, increments will accrue on both. Similarly, if he claims his pension but later decides to give it up to earn increments, his wife’s entitlement to Category B pension will also be cancelled for the same period (subject to her consent) and increments earned on it.

x was a bit quicker than me but it looks pretty clear cut.

PhilH1948

thanks xylophone  and Molerat
that is the wording of the legislation that I needed.
The other Government documentation which was available on site doesn't mention this.
It simply states the spouse's retirement date which over simplifies the matter.
The actual letter was misleading as it stated my retirement date as being the date from which I started taking my state pension.
Which is wrong of course.
Thanks to both of you for your help and time.