What happens to state pension if a spouse dies but partner is not pension age yet?

[SleepDreamThinkHuge]

Good Afternoon,

Have a quick question regarding state pension and death.

If a husband had a state pension and died at 72. And they have a spouse who is 55. So she has some time to go until she is eligible for her own state pension. She has not worked and has spent most of her life as a SAHM and housewife.

Will she be entitled to any of her husband's state pension or would she have to wait to get her own at her eligibility? And for someone who is in this situation what benefits can they claim if state pension is not available to claim?

Thanks.

This is quite a technical question and depends on the exact facts. You can't 'inherit' a state pension as such and for the 'new' state penion your entitlement is based on your own national insurance contributions alone so you can't claim against someone else's state pension. That said there were transitional arrangements and depending on the dates and contriubtions you may be able to get part of any additional state pension or protected payments.

The most important date is 6 April 2016. Did the husband reach pension age before that date? If he did then it's worth looking in more detail to see whether there is a claim. The details are here www.moneyhelper.org.uk/en/benefits/benefits-in-later-life/state-pension-death-benefits and I would ring their helpline to get specific advice.

www.gov.uk/death-spouse-benefits-tax-pension/pensions

This suggest she won't be entitled until she reaches state pension age.

I'd suggest using a benefits calculator to work out what she is entitled to benefits-calculator.turn2us.org.uk/

Strongly recommend she checks what if any pension she is entitled to using this link as you have to have a certain amount of NI credits to get the full state pension - you have until some time in 2023 to "buy" credits www.gov.uk/check-state-pension
Re her husband's pension - read this link for info www.gov.uk/death-spouse-benefits-tax-pension/pensions

A 55 YO woman would be expected to get a job and benefit entitlement would be minimal with an expectation of looking for work. Perhaps she could ask for help in returning to the workforce, interview technique, training etc?

If the DH had a private pension, that may have a widow's pension element.

Otherwise, she should look at using any assets to provide an income, eg if she lives in a mortgage free family sized home, could she downsize to release equity to live on? If she rents, she may receive help with the rent, but it would only be on a small flat/one bed house.

What about a widows pension? Has that disappeared?

Ah. Google tells me it's now bereavement support.

Surely many widows who have spent years raising children and need their husbands national insurance contributions to count for something, whether they die before or after pension age

Just looked into my own government pension a couple of weeks ago. I'm 56. I had a few years not working when the children were little, and as I claimed child benefit then my NI contributions were paid for those years.

Once the children went to school I worked and so my NI contributions were there for those years (decades). I stopped work five years ago, so unless I 'buy' the missing years - around £2,500 total I won't get £185 a week when I'm 67. I've done this as I want the full pension. If you ring the pension people they will tell you what you need to pay to get a full pension. If anyone is interested.

But this woman is only 55. She hasn't grown up with the expectation that she'll be able to depend on her DHs earnings to provide her pension without this being paid for privately.

The 'Married Women's stamp ended in 1977, when she was a child.

www.gov.uk/reduced-national-insurance-married-women

She's only a few years older than I am. It baffles me that a woman about my age would expect to be out of the workforce her entire adult life and receive an income from the state to allow her to do this. The amount of time she's spent 'raising children' will be a relatively small fraction of her adult life and she will have received NI credits towards her own pension for any time her DC were under 12. The rest of the time she needs to work, or support herself from her DHs private pension/selling assets etc.

She needs to check her own pension entitlement and look at topping this up if possible, plus find work so she can support herself and build her own pension.

With her DH being quite a bit older than she is, she must have known this situation could arise so would have planned for it?

This happened to me. Very similar ages to those in the question. You do not receive a state pension from his state pension. Instead, you receive bereavement allowance which is paid as a lump sum at first and then in monthly increments for 18 months (I think). I also receive a widow’s pension from his occupational pension.

Though I was working and did not therefore need to claim benefits.

I’ve always wondered, what happens if an elderly man with a private pension marries a 20-year-old…. When he dies would she receive the spousal benefit as long as she didn’t remarry? Potentially 70 years?

I don't understand why she (you?) would need benefits? Surely she would get a job.

I'm 55 and my pension kicks in when I'm 67, so I presume this is the same for this woman. I can't see why she would be entitled to any pension before that.

I don’t think this lady will be able to claim the Bereavement Support Payment as one of the qualifying conditions is that the deceased spouse must be under state pension age.
There doesn’t seem to be much help available apart from basic ‘means tested’ benefits such as Universal Credit and Housing benefits.
I hope he has a good life insurance policy.

My friend is 27 years younger than her late husband. She got his pension aged about 45, and has been told that it will be payable for her lifetime.
I wonder if any young women seek out elderly men to marry for their pension?

Just checked mine too. It says I have 40 full years of contributions but need to keep contributing if I am to get the full pension when I'm 67.

Google says you need 35 years.

Confused

@Allthecoolusernamesaregone

your comment is incorrect - it is the widow/er who has to be under state pension age NOT the deceased.

My dh died at age 79 and I was 58 at the time. I received the Bereavement Support Payment of £2500 lump sum and £100 per month for 18 months (no dependent children). After that you are on your own as a single person. I get a widow's pension from my late dh's employer and have a couple of small private pensions of my own - between them these pay all the bills. Any extras I have to work for/use savings.

Any woman reaching state pension age after April 2016 has to rely entirely on their own NI contributions - husband's NI contributions are not taken into account. With NI credits for child benefit and carer's allowance plus the years I did pay NI, I am 2 years short of a full state pension which I will get in 3.5 years at the age of 66. I have the option of paying for the 2 years using Class 3 contributions which I may do nearer the time.

The only time husband's contributions are taken into account for woman reaching state pension age after April 2016 is if she is currently paying the married woman's reduced stamp - it was abolished in 1977 but women who were already paying it could keep the reduction - so there must be very few women currently under pension age who qualify for this concession!

@dolphinsarentcommon

if you have paid into an occupational pension previously at the reduced B rate a reduction is made from your state pension entitlement to take account of the money you will receive from your occupational pension.

From April 2016 everyone paid the same NI regardless if he/she is paying into an occupational scheme.
ALSO it enables you to make up for the extra years - every year over 35 that you pay full NI adds approx £4 to your final state pension up to the maximum state pension payable.

ALSO if you are still working and earning enough to pay NI you still have to pay it even if you already have enough qualifying years for the full state pension.

Check her eligibility for state pension in her own right, as NI contributions only count on the back of child benefit til the child is 12.
She may have many years of missed contributions and she now has 12 years to get a job and earn them in her own right.

I personally cannot believe there will still be pension credit in 12 years time as the message to make provision by enrolling in a workplace or SIPP has been around for so long now. And the country is broke.
she is facing a very penniless future.

really does add to the strong argument to never depend on anyone else for your financial security.

Not strictly relevant to the query, but the last pension paid from the American Civil War only ceased 2 years ago:

https://www.theguardian.com/us-news/2020/jun/07/irene-triplett-last-person-american-civil-war-pension-dies

@ElinoristhenewEnid thank you so much for trying to explain.

I've retired now and don't have plans to work unless I have to.

I have a small NHS pension (lots of part time years) from 37 years continuous employment with them following a part time job in retail.

Am a little disappointed that won't warrant a full pension.

Yes, and potentially even if she does remarry, though the rules of many pension schemes reduce payments to a spouse who is more than 10/15 years younger than the original member to allow for this.

If there's more than a ten year age gap the spousal pension is reduced. Exactly because of this kind of scenario.

I'm in it myself (albeit not 20 and married to an 80yo ) and, when I checked with pension company when we were planning our family, they take your individual circs into account. So a 20yo marrying an 80yo a couple of months before he died wouldn't get much at all. A 55yo dying and leaving behind a 42yo and their several children and married for many years would get a lot more.

Yes, you’re right. I went back and looked again, and saw I had mis read. Thank you.

That sounds a bit more positive for the widow.

With NHS pension the age gap between the pensioner and the legal spouse or registered civil partner does not affect the pension paid to the survivor. The amount paid for life is 50% of the pension in the '95 scheme, 37.5% in the 2008 scheme and 33.75% in the current 2015 scheme.

You would need to claim any bereavement benefits available to you and Universal credit if you qualify for that. you would be expected to work if claiming UC and no health conditions which prevent you from working. You are exempt from work commitments for 6 months ( I think ) after the death of a spouse.