HC Deb 01 March 2002 vol 380 cc1573-4W
Chris Grayling

To ask the Chancellor of the Exchequer what rules apply to a bereaved partner in relation to the payment of(a) the state pension an (b) SERPS in cases where both partners have contributed fully to national insurance throughout their working lives. [28550]

Mr. McCartney

I have been asked to reply.

The rules governing state pensions for widows and widowers depend on the individual circumstances of the people concerned.

Generally, where both the contributor and the surviving spouse are over state pension age when the contributor dies, and both have full national insurance records, the survivor can combine their own pension with a pension based on their spouse's national insurance record.

However, the maximum amount of basic pension and additional (SERPS) pension cannot exceed the amount of a single person could get based on their own National Insurance record.

The hon. Gentleman may wish to know that: from 6 April, the introduction of the State Second Pension will provide a better additional pension that SERPS for the low paid, and certain carers and long term disabled. The maximum amount of State Second Pension a surviving spouse can inherit will be 50 per cent.; and the inherited SERPS regulations, which come into force on 6 October, will gradually begin to reduce the maximum percentage of SERPS a surviving spouse may inherit to up to 50 per cent. The maximum amount a surviving spouse may inherit will depend on the contributor's state pension age, with most protection—up to 90 per cent.—going to the spouses of people whose state pension age falls between 6 October 2002 and 5 October 2003.