New and Basic State Pension payment inheritance rules after a spouse or partner dies

The State Pension now provides a regular income for 12.9 million older people across Great Britain, including more than 1.1m living in Scotland. The payment is administered by the Department for Work and Pensions (DWP) to those who have reached the UK Government’s eligible retirement age - currently 66 for both men and women - and have paid at least 10 years' worth of National Insurance Contributions.

Some 4.1m people claiming the New State Pension are now receiving payments of up to £221.20 each week, and as the contributory benefit is usually paid every four weeks, this amounts to £884.80 per pay period. The majority of overall claimants (8.8m) are receiving Basic State Pension payments of up to £169.50 each week, the equivalent of £648 per pay period.

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The type of State Pension a person receives depends on their date of birth - men born before April 6, 1951 and women born before April 6, 1953 are eligible for the Basic State Pension while those born after these dates will get the New State Pension.

But what happens to State Pension payments when someone dies? It's a difficult topic and not one anyone would choose to think about - especially at this time of year - but knowing what will happen could help you or a family member later on. Below is a quick overview of what you need to know.

State Pension payments after someone dies

A claim for State Pension won't just end when someone dies, there are things you need to do. When the person dies, you must inform the Pension Service so payments stop - you can do this by calling the Pension Service helpline on 0800 731 0469.

You may be entitled to extra payments from your deceased spouse's or civil partner's State Pension, however, this depends on their National Insurance Contributions, and the date they reached the State Pension age.

If you haven't reached State Pension age yet, you might also be eligible for Bereavement benefits.

Inheritance: Basic State Pension

Should a spouse or civil partner have reached State Pension age before April 6, 2016, then GOV.UK instructs people to contact the Pension Service once someone dies in order to check what they can claim.

It may be that they can increase their Basic State Pension by using the deceased’s qualifying years if they do not already get the full amount.

Should they have reached State Pension age on or after April 6, 2016, or be under State Pension age when their spouse or civil partner dies, the “Your partner’s National Insurance record and your State Pension” tool on the UK Government website can enable a person to check what inheritance they may be entitled to.

For people who are single or divorced, or who have had their civil partnership dissolved, it may be that their estate can claim some of a Basic State Pension.

This is if that person dies after reaching State Pension age, and only if the State Pension had not been claimed. In this circumstance, the estate can claim up to three months of the Basic State Pension.

Extra money from deferring State Pension

Once someone reaches State Pension age they can defer payments if they choose to carry on working. Doing this will actually increase payments when they eventually decide to claim by around £660 each year.

State Pension top-up

Guidance on GOV.UK states anyone who has topped up their State Pension, the spouse or civil partner may be able to inherit some or all of the top up.

Inheritance: New State Pension

It may be that a person is able to inherit an extra payment on top of their new State Pension if they are widowed.

However, an individual cannot inherit anything should they remarry or form a new civil partnership before they reach State Pension age.

Inheriting additional State Pension

If a marriage or civil partnership began before April 6, 2016 and one of the following circumstances applies, then a person may inherit part of their deceased partner’s Additional State Pension. These are:

• The deceased partner reached State Pension age before April 6, 2016

• They died before April 6, 2016 but would have reached State Pension age on or after that date

Inheriting a protected payment

A person will inherit half of their partner’s protected payment if their marriage or civil partnership with them began before April 6, 2016, and:

• Their State Pension age is on or after April 6, 2016

• They died on or after April 6, 2016

• This payment will be made with the State Pension

Inheriting extra State Pension or a lump sum

A person may inherit part of all of their partner’s extra State Pension or lump sum if:

• They died while they were deferring their State Pension or had started claiming it after deferring

• They reached State pension age before April 6, 2016

• They were married or in the civil partnership when they died.

Check your State Pension to calculate how much money you will receive on the GOV.UK website here.