7 Crucial Facts: Do You Inherit Your Husband's State Pension If He Dies? (UK Rules Explained For 2025)
The question of inheriting a deceased spouse’s State Pension is one of the most common—and most confusing—in UK retirement planning. The simple answer, as of December 2025, is that you do not automatically inherit your husband's (or civil partner's) entire State Pension pot. Instead, you may be entitled to an 'uplift' or an 'extra payment' added to your own State Pension, or a lump sum, depending entirely on two critical factors: when your husband reached State Pension Age (SPA) and the specific components of his pension.
Understanding these rules is vital for financial security. The system is split by a key date—6 April 2016—which dictates whether the Old State Pension or the New State Pension rules apply to your inheritance claim. This guide breaks down the complex rules into clear, actionable facts for surviving spouses and civil partners.
The Critical Divide: Old vs. New State Pension Systems
The rules for inheriting a State Pension are determined by which system your late husband was under. This is not about when he died, but when he reached State Pension Age (SPA).
- The Old State Pension System: Applies if your husband reached SPA before 6 April 2016.
- The New State Pension System: Applies if your husband reached SPA on or after 6 April 2016.
The type of pension you inherit—or, more accurately, the component that boosts your own entitlement—varies dramatically between these two systems.
1. You Can Inherit a Boost to Your Basic State Pension (Old System Only)
If your husband reached State Pension Age before April 6, 2016, the inheritance rules are generally more generous for the Basic State Pension component.
Under the Old State Pension system, a surviving spouse or civil partner may be able to use their late partner's National Insurance (NI) contribution record to increase their own Basic State Pension.
This is particularly beneficial if your own NI record is incomplete due to time spent raising a family or caring for relatives.
- The Uplift: You can use your husband’s contributions to increase your own Basic State Pension up to the full rate, which is £176.45 per week for the 2025/2026 tax year.
- How to Claim: You must contact the Pension Service to check your eligibility and have your pension recalculated.
2. You Can Inherit Additional State Pension (SERPS/S2P) in Both Systems
The Additional State Pension (ASP) is the component most commonly inherited, regardless of which system your husband was under. The ASP was previously known as SERPS (State Earnings-Related Pension Scheme) or State Second Pension (S2P).
This is an extra amount paid on top of the Basic or New State Pension, earned through contributions while employed or self-employed.
Inheritance Rules for Additional State Pension:
- Old System (Pre-2016 SPA): You can inherit a percentage of your husband's Additional State Pension. The exact amount depends on when your husband died and the specific rules of SERPS, but it can be up to 100% in some cases, especially if he died before October 2002.
- New System (Post-2016 SPA): You can inherit up to 50% of your husband’s Additional State Pension. This inherited amount is paid as an extra payment on top of your own New State Pension.
This Additional State Pension component is a crucial entity to check, as it often forms the largest part of the inherited entitlement.
3. The 'Protected Payment' Uplift is Only Half-Inherited
The New State Pension system introduced a concept called the 'Protected Payment'. This applies to individuals whose starting amount in the New State Pension system was higher than the full New State Pension rate (which is £230.25 per week for 2025/2026).
This extra amount is designed to protect the higher entitlements earned under the old system.
If your husband had a Protected Payment, you may be able to inherit half (50%) of that amount.
Crucial Requirement: To inherit any part of the Protected Payment, your marriage or civil partnership must have begun before 6 April 2016. If you married after this cut-off date, you cannot inherit this component.
4. You Will Not Inherit the Basic New State Pension
A common misconception is that a surviving spouse inherits the full weekly New State Pension payment. This is generally not true.
If your husband reached State Pension Age after 6 April 2016, his entitlement to the Basic New State Pension (the foundation amount) is non-transferable. The government's intention with the New State Pension was to make it a simpler, individual entitlement, thus removing the ability to inherit the primary component.
Your own entitlement will be calculated based on your own National Insurance record, but it may be increased by the inherited Additional State Pension or Protected Payment, as outlined above.
5. A Deferred Pension Can Be Claimed as a Lump Sum or Weekly Payments
If your husband had reached State Pension Age but chose to defer (delay claiming) his State Pension before he died, you have a valuable choice to make.
- Deferred for 12 Months or More: If he deferred his pension for at least a year, you can choose to take the deferred amount as a one-off, tax-free lump sum payment. Alternatively, you can opt for an increased weekly State Pension payment.
- Deferred for 5 Weeks to 12 Months: If he deferred for less than a year (but more than 5 weeks), you will inherit the deferred amount as regular weekly payments.
This is a significant financial decision, and you should consider the tax implications of a large lump sum versus a guaranteed weekly income stream before making your choice.
6. Remarriage Before SPA Can Cancel Your Inheritance Rights
The rules around remarriage or forming a new civil partnership are strict and can significantly impact your entitlement to an inherited State Pension.
If you remarry or enter a new civil partnership before you reach your own State Pension Age, you will generally lose the right to inherit any extra State Pension based on your late husband's contributions or entitlements.
However, if you remarry after you have reached State Pension Age, your inherited pension entitlement will typically be unaffected.
7. Bereavement Support Payment (BSP) is a Separate, Immediate Benefit
It is important to distinguish between inheriting a State Pension (a long-term retirement income uplift) and the immediate financial support available to a surviving spouse or civil partner.
The Bereavement Support Payment (BSP) is a separate benefit designed to help with the immediate costs following a partner’s death.
- Eligibility: You must be under State Pension Age when your husband died, and you must claim within 21 months of their death to get the full amount.
- Payment Structure: BSP is paid as an initial tax-free lump sum, followed by up to 18 monthly payments.
Claiming BSP does not affect your future right to any inherited State Pension components, but it is a time-sensitive claim that must be made quickly.
Conclusion: Get a State Pension Forecast
The rules for inheriting a State Pension are complex because they are a mixture of two different historical systems. The key takeaway for a surviving spouse is that you must actively check your entitlement.
The best course of action is to contact the Department for Work and Pensions (DWP) or the Pension Service. They will review your late husband’s National Insurance record, your own record, and the date he reached State Pension Age to determine the exact 'extra payment' you are entitled to. Do not assume the State Pension automatically stops or that you are entitled to nothing; you may be missing out on a valuable uplift to your retirement income.
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