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7 Crucial Ways You Can Inherit Your Husband's State Pension (And How To Claim Thousands In Extra Income)

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The death of a spouse or civil partner is a devastating event, and navigating the complex world of pensions and finances often adds unnecessary stress. A common and critical question that arises is: "Do I get my husband's State Pension when he dies?" The simple answer is that you do not inherit his pension payments directly, but you absolutely can—and should—be entitled to a significant boost to your own State Pension or a valuable lump sum payment, depending on when you both reached State Pension age and when your marriage began. This entitlement is often missed, potentially costing surviving spouses thousands of pounds in retirement income.

As of December 2025, the rules are split between the 'Old' Basic State Pension system (pre-April 2016) and the 'New' State Pension system, making it essential to understand which rules apply to your situation. The key is to correctly claim the extra entitlements based on your late husband's National Insurance (NI) contributions, particularly his history of paying into the State Second Pension (S2P) or SERPS, which is often referred to as a ‘Protected Payment’ under the new system. Failure to check your entitlement means leaving money on the table that is rightfully yours.

The Two State Pension Systems and Your Inheritance Rights

The rules governing what you can inherit are entirely dependent on which State Pension system you and your late husband fall under. The pivotal date is 6 April 2016, which marks the introduction of the New State Pension. You must determine which system governs your own entitlement and your husband's entitlement to proceed.

1. If You Reached State Pension Age Before 6 April 2016 (Old Basic State Pension)

If you were already receiving or eligible for the Basic State Pension (BSP) before the 2016 change, you have the most straightforward entitlement to use your late husband's National Insurance (NI) contributions.

  • Boosting Your Basic State Pension: If your own NI contribution record is incomplete, you can use your husband's record to increase your own Basic State Pension up to the full weekly rate, which is currently £169.50 per week (2024/25 rate).
  • Inheriting Additional State Pension (SERPS/S2P): You may be able to inherit up to 50% of your husband's Additional State Pension entitlement, which includes State Earnings-Related Pension Scheme (SERPS) or the State Second Pension (S2P).
  • The Married Woman's Stamp: If you were one of the women who opted to pay the lower rate of National Insurance (the 'Married Woman's Stamp'), you can use your late husband's NI record to qualify for a full Basic State Pension.

2. If You Reached State Pension Age On or After 6 April 2016 (New State Pension)

For those under the New State Pension system, the ability to inherit is more limited but still highly valuable. The core entitlement revolves around the 'Protected Payment' and deferral.

3 Ways to Inherit Extra State Pension Under the New System

The New State Pension is based primarily on your own 35 qualifying years of National Insurance contributions. However, your late husband’s contributions before 6 April 2016 can still provide a significant financial uplift through three key mechanisms.

3. Inheriting the 'Protected Payment'

The 'Protected Payment' is the most common form of State Pension inheritance under the new rules. It is essentially the inherited portion of the Additional State Pension (SERPS or S2P) that your husband built up before the 2016 reforms.

  • The 50% Rule: You can inherit up to 50% of your late husband’s Protected Payment. This extra amount is then added to your own New State Pension.
  • The Marriage Date Condition: This inheritance is generally only possible if your marriage or civil partnership began before 6 April 2016 and one of you reached State Pension age on or after that date.
  • The Maximum Cap: Your total State Pension (your New State Pension + the inherited Protected Payment) cannot exceed the maximum New State Pension plus the maximum inherited Additional State Pension. Experts suggest the maximum inherited amount can be up to £11,356 per year (or £218.39 per week).

4. Inheriting Deferred State Pension

If your husband died without claiming his State Pension (i.e., he was 'deferring' it), you may be entitled to a valuable lump sum or increased weekly payments.

  • Lump Sum Payment: If he deferred for at least 12 months, you can choose to receive a one-off, tax-free lump sum payment equivalent to the payments he missed, plus interest.
  • Higher Weekly Payments: Alternatively, you can opt to receive a higher weekly State Pension payment, permanently increasing your own income.

5. Using His NI Record for Bereavement Support Payment (BSP)

While not a part of the State Pension itself, the Bereavement Support Payment (BSP) is a crucial benefit for surviving spouses and civil partners who are under State Pension age when their partner dies.

  • Eligibility: You must be under State Pension age and your husband must have paid sufficient National Insurance contributions.
  • The Payment: BSP is a tax-free benefit paid as a lump sum (currently £3,500) followed by up to 18 monthly payments (currently £350 per month).
  • Important Note: This is a separate benefit from the State Pension inheritance and is not means-tested.

The Critical Steps: How to Check and Claim Your Entitlement

The process of claiming the inherited State Pension is not automatic and requires you to notify the relevant government department. Many surviving spouses miss out because they do not know the correct steps to take.

6. Notify the Pension Service Immediately

The first and most important step is to contact the Department for Work and Pensions (DWP) Pension Service. They are the only body that can assess your eligibility for an increased State Pension based on your late husband's record.

  • The Notification Process: When you register the death, the Registrar will often provide you with information about the 'Tell Us Once' service, which notifies multiple government departments, including the Pension Service.
  • Direct Contact: If you did not use 'Tell Us Once' or need to follow up specifically on the State Pension, you must call the Pension Service directly.
  • What They Check: The Pension Service will review your husband’s entire National Insurance record, including his contributions to SERPS/S2P, and compare it to your own State Pension entitlement to calculate any 'Protected Payment' or Basic State Pension increase you are due.

7. Understand the Remarriage/New Civil Partnership Rule

A crucial rule to be aware of is that the ability to inherit or increase your State Pension based on a deceased spouse's contributions is usually lost if you remarry or form a new civil partnership before you reach State Pension age. If you are already past State Pension age when you remarry, your entitlement is generally protected.

Key Entities and Terms to Boost Your Claim

To ensure you receive your full entitlement, familiarise yourself with the following entities and concepts. Using these terms when speaking to the Pension Service can help streamline your claim.

  • National Insurance (NI) Contributions: The foundation of all State Pension entitlements.
  • Basic State Pension (BSP): The 'old' pension system for those reaching State Pension age before 6 April 2016.
  • New State Pension (NSP): The 'new' single-tier pension system from 6 April 2016 onwards.
  • Additional State Pension: The top-up pension accrued under the old system, comprising SERPS and S2P.
  • State Earnings-Related Pension Scheme (SERPS): The first form of Additional State Pension.
  • State Second Pension (S2P): The replacement for SERPS.
  • Protected Payment: The official term for the inherited portion of the Additional State Pension under the new system rules.
  • Civil Partner: The entitlement rules are identical for spouses and civil partners.
  • Deferral: The act of putting off claiming the State Pension to receive a higher payment or a lump sum later.
  • Bereavement Support Payment (BSP): A separate short-term benefit for surviving partners under State Pension age.
  • Contracting Out: Periods when your husband's workplace pension opted out of SERPS/S2P, which affects the inherited amount.
  • Pension Service: The government department to contact for all State Pension inquiries and claims.
  • DWP (Department for Work and Pensions): The overarching government body responsible for State Pensions.

It is vital to remember that the rules are complex and highly dependent on individual circumstances, including your age, your husband's age, and the dates of your marriage/civil partnership. Do not assume you are not eligible. Contacting the Pension Service is the only way to get a definitive, personalised assessment of the extra State Pension income you are entitled to inherit.

7 Crucial Ways You Can Inherit Your Husband's State Pension (And How to Claim Thousands in Extra Income)
Do I get my husband's State Pension when he dies?
Do I get my husband's State Pension when he dies?

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