The State Pension Regulations 2015

[F1 Survivor’s state pension under regulation 15: inherited amount U.K.

16.— (1) For the purposes of regulation 15(2)(d), a person is entitled to an inherited amount if—

(a) their spouse or civil partner died before 6th April 2016;

(b) they were under pensionable age when their spouse or civil partner died; and

(c) they have not married or formed a civil partnership after the death and before the time they reach pensionable age.

(2) For the purposes of regulation 15(2)(d), a person is entitled to an inherited amount if—

(a) their spouse or civil partner reached pensionable age before 6th April 2016 but died on or after 6th April 2016;

(b) they were under pensionable age when their spouse or civil partner died; and

(c) they have not married or formed a civil partnership after the death and before the time they reach pensionable age.

(3) For the purposes of regulation 15(2)(d), a person is entitled to an inherited amount if—

(a) their spouse or civil partner reached pensionable age before 6th April 2016 but died on or after 6th April 2016; and

(b) they were over pensionable age when their spouse or civil partner died.

(4) The inherited amount is half of the weekly rate of the deceased spouse’s or civil partner’s graduated retirement benefit, determined in accordance with paragraph (5), on the date referred to in paragraph (6) (whether or not the deceased was receiving, or entitled to receive, any such benefit).

(5) The determination for the purposes of paragraph (4) is carried out by—

(a) taking the weekly rate of graduated retirement benefit appropriate to the amount of graduated contributions paid by the deceased;

(b) determining that weekly rate as if any provisions in orders under section 150 of the Administration Act (annual up-rating of benefits) which—

(i) increase that weekly rate; and

(ii) have come into force since the date of the deceased’s death,

had come into force before that date; and

(c) excluding any addition under—

(i) section 36(4) of the 1965 Act; or

(ii) section 37(1) of that Act.

(6) The date mentioned in paragraph (4) is—

(a) where the person falls within paragraph (1) or (2), the date on which the person reaches pensionable age; or

(b) where the person falls within paragraph (3), the date on which the person’s spouse or civil partner died.]

Textual Amendments

F1 Pts. 6, 7 inserted (6.4.2016 immediately after S.I. 2015/173 comes into force) by The State Pension and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/199), reg. 4 (with reg. 1(5))