Inheriting State Pension From a Spouse: What You're Entitled To

State Pension inheritance is one of the most misunderstood areas of bereavement finances. The rules changed significantly from April 2016 and the outcome for any individual depends on which system their deceased spouse was in. This guide explains both regimes clearly, tells you what you may be entitled to, and explains the steps to take to claim what you are owed.

Which State Pension Regime Was Your Partner In?

The most important first step is to establish which system your deceased spouse or civil partner was subject to. This is determined by when they reached State Pension age — not by when they died.

• Old State Pension: Your spouse reached State Pension age before 6 April 2016. For men, this was age 65; for women, it was between 60 and 65 depending on their date of birth (the equalisation period).
• New State Pension: Your spouse reached State Pension age on or after 6 April 2016. The current State Pension age is 66 for both men and women (rising to 67 between 2026 and 2028).

If your spouse had not yet reached State Pension age when they died, the regime that would have applied to them determines the inheritance rules — in other words, the date they would have reached State Pension age is what matters, not their date of death.

You can check which system applied by looking at any State Pension award letters your spouse received from the Department for Work and Pensions (DWP), or by contacting the DWP Bereavement Service directly.

The New State Pension: Very Limited Inheritance

If your spouse was in the new State Pension regime (State Pension age from 6 April 2016 onwards), the inheritance rules are significantly more restrictive than under the old system. Under the new rules:

• You cannot inherit any of the deceased’s basic new State Pension amount
• You can only inherit if your spouse had a “protected payment” — an addition to the State Pension based on National Insurance contributions made before April 2016 that exceeded the equivalent amount under the old system
• If a protected payment exists, you may inherit half of it, which will be added to your own State Pension
• Most people who reached State Pension age after April 2016 do not have a protected payment at all, meaning there is nothing to inherit

The rationale behind this change was that the new State Pension is based entirely on each individual’s own National Insurance record. The government therefore designed it to be a personal entitlement rather than one that transfers on death. This was a deliberate policy decision — but it has left many surviving spouses significantly worse off than they expected.

To find out whether your spouse had a protected payment, contact the DWP. They will have this information on their records and can tell you the amount, if any, that you may be entitled to inherit.

The Old State Pension: More Generous Inheritance Rules

If your spouse was in the old State Pension regime (they reached, or would have reached, State Pension age before 6 April 2016), the inheritance rules are considerably more favourable. There are two elements to consider:

Basic State Pension inheritance: You can inherit up to 100% of your spouse’s basic State Pension — subject to the maximum basic State Pension of £169.50 per week (2026/27 rate). In practice, this means your own basic State Pension will be topped up to a maximum equal to the full basic pension amount if the combination of your own entitlement and any inherited amount reaches it. You cannot receive more than the maximum basic pension through inheritance.

SERPS and State Second Pension (S2P) inheritance: The State Earnings-Related Pension Scheme (SERPS) and its successor the State Second Pension (S2P) were additional State Pensions built up through earnings between 1978 and 2016. The amount you can inherit depends on when your spouse was born:

• For spouses born before 6 October 1945: you could inherit up to 100% of their SERPS entitlement
• For spouses born between 6 October 1945 and 5 October 1954: the maximum you can inherit ranges from 90% down to 50%, depending on their specific date of birth
• For spouses born on or after 6 October 1954: you can inherit a maximum of 50% of their SERPS/S2P entitlement

Any inherited SERPS/S2P entitlement is added to your own State Pension payment. The DWP will calculate the exact figures and adjust your payments accordingly once you have notified them of the death.

Notifying DWP and Claiming Inherited State Pension

When someone dies, you should notify the DWP as soon as practicable. The quickest way is through the Tell Us Once service, which notifies multiple government departments simultaneously, including the DWP Pension Service. You can access Tell Us Once via the local authority registrar when you register the death.

Once DWP has been notified through Tell Us Once, they will automatically review whether you are entitled to any inherited State Pension and write to you with the outcome. In many cases, no further action from you is required.

However, if you believe you may be entitled to an inherited amount that DWP has not yet confirmed, or if your circumstances are complex, you may need to complete form BR1 to make a formal claim for State Pension in your own right, or contact the DWP Bereavement Service on 0800 731 0469 to discuss your entitlement.

• Have your spouse’s National Insurance number and date of birth ready when you call
• You will need the death certificate reference number from Tell Us Once, or the death certificate itself
• If you were already receiving State Pension yourself, DWP will recalculate your entitlement automatically once notified
• Allow 4 to 8 weeks for DWP to complete their review and update your payments

The 52-Week Bereavement Rate for State Pension

Under transitional arrangements that applied during the move to the new State Pension, some surviving spouses received a higher State Pension rate for 52 weeks following their partner’s death. This was sometimes called the “bereavement rate” and was designed to cushion the financial impact of bereavement during the transition period.

This provision applied primarily to surviving spouses where one partner was in the old State Pension and the other was receiving the new State Pension. In these mixed-regime situations, the survivor could temporarily receive a higher rate based on their late spouse’s entitlement before reverting to the standard inherited amount after 52 weeks.

Whether you are entitled to a transitional higher rate depends on the specific dates involved and the pension amounts in question. DWP should identify this automatically when they review your entitlement, but if you believe you may be affected and have not heard from them within a few weeks of notifying them of the death, contact the Pension Service to specifically ask whether a bereavement rate applies to your situation.

It is important to note that any overpayment of State Pension to the deceased after their death must be repaid. DWP will calculate this and may deduct it from any arrears of State Pension owed to you, or request repayment separately.

What to Do If You Are Not Yet at State Pension Age

If you are below State Pension age when your spouse dies, you will not receive any inherited State Pension payments until you yourself reach State Pension age. The entitlement is noted on your record and will be applied when you make your own State Pension claim.

In the meantime, you may be entitled to other bereavement benefits, most notably Bereavement Support Payment, which provides a lump sum and 18 monthly payments to surviving spouses and civil partners who are under State Pension age. See our separate guide on Bereavement Support Payment for full details.

When you eventually reach State Pension age and claim your own pension, make sure you mention to DWP that you are a surviving spouse and that an inherited entitlement should be applied. Having a record of your late spouse’s National Insurance number will help DWP trace their record and apply any inherited amount correctly.