Scaled

Will I be able to get the State Pension through my partner?

Posted on: 25 May 2016 by James Hester

The new State Pension has been introduced for people who reach State Pension age on or after 6 April 2016

inherit partner pension

The introduction of the new State Pension on 6 April 2016 brings clarity to a system that few people truly understand. The reforms will reduce pensioner means-testing and support personal saving for millions of people.

The amount of new State Pension you get will usually depend on your own National Insurance (NI) record, but in some circumstances you may still be able to get some State Pension through your spouse or civil partner. There are five ways this could be possible. 

1. Married Woman's Stamp

Before 1977, married women and some widows could choose to pay ‘Married Woman’s Stamp’, which meant paying NI contributions at a reduced rate.

Under the new rules, you’ll usually qualify for State Pension based on your own NI contributions alone. However, there are different rules if in the past you chose to pay reduced rate contributions. You might be able to get more State Pension using these different rules than you’d get based just on your own NI contributions.

2. Pension sharing

The courts could make a ‘pension sharing order’ if you get divorced or dissolve your civil partnership.

You’ll get an extra payment on top of your State Pension if your former spouse or civil partner is ordered to share their Additional State Pension or Protected Payment with you.

3. Inheriting Additional State Pension

Provided your marriage or civil partnership began before 6 April 2016 you may be able to inherit some of your spouse or civil partner’s Additional State Pension if either:

  • Your partner reached State Pension age before 6 April 2016
  • Your partner died under State Pension age before 6 April 2016

You’ll not be able to inherit any Additional State Pension if you remarry or form a new civil partnership before you reach State Pension age.

4. Inheriting Protected Payment

You could inherit half your spouse or civil partner’s Protected Payment if your marriage or civil partnership started before 6 April 2016 and either:

  • Your partner reaches State Pension age on or after 6 April 2016
  • Your partner dies under State Pension age on or after 6 April 2016

Your spouse or civil partner will have a Protected Payment if their starting amount under the new system is more than the full rate of the new State Pension.

You’ll not be able to inherit any Protected Payment if you remarry or form a new civil partnership before you reach State Pension age.

5. Inheriting extra State Pension

If your spouse or civil partner reached State Pension age before 6 April 2016 and was getting extra State Pension because they had put off claiming (deferred) their State Pension, you may inherit part or all of that extra amount.

If they were still deferring their State Pension when they died you may be able to choose between inheriting an extra weekly amount or a one‐off, taxable lump‐sum payment, if they had deferred for at least 12 months.

You won’t be able to inherit any extra State Pension or lump-sum payment if you remarry or form a new civil partnership before you reach State Pension age.

The inheritance arrangements will be specific to individual circumstances so the DWP have produced a series of factsheets:

 www.gov.uk/government/publications/state-pension-fact-sheets

 

Further information

You can find out further information at:

www.gov.uk/state-pension-through-partner

www.gov.uk/new-state-pension

Share with friends



Rating:

You need to be signed in to rate.

Loading comments...Loader

Create your own user feedback survey

Phrase of the week

Discover more about the new State Pension with our daily glossary of common words and phrases.

Week starting Monday 23 May 2016

Qualifying year

A complete tax year during a person’s working life in which they paid, were treated as having paid or were credited with National Insurance contributions on earnings above the weekly ‘Lower Earnings Limit’ (£112 a week in 2016 to 2017).