Derived State Pension in one paragraph: spouse-based State Pension entitlements (Category B, "married woman's pension") were largely abolished by the 2016 reforms, but specific transitional protections survived. If you reached State Pension Age before 6 April 2016 or your circumstances fit one of the transitional rules, you may still be entitled to a pension based on your current or late spouse's NI record — up to 60% of the basic State Pension on Cat B.
Who is potentially affected?
- Married women / civil partners who reached State Pension Age before 6 April 2016 and have insufficient NI contributions in their own right.
- Widows / widowers / surviving civil partners — partial spouse pension may continue or be inheritable.
- Divorced / dissolved partners — in specific cases the ex-spouse's NI record can be used to substitute for the period of marriage.
- Some migrants from countries with reciprocal social security agreements with the UK.
If you reached State Pension Age on or after 6 April 2016, the new State Pension applies and almost all derived rights are gone — with a few specific exceptions detailed below.
The old Cat B (married woman's) pension
Under the pre-2016 system, a married woman who didn't have a full basic State Pension in her own right could claim a Category B pension based on her husband's record — worth up to 60% of his basic State Pension. This was originally introduced to recognise that many married women didn't pay full NI ("married woman's stamp" reduced contributions paid by some until 1977).
For 2026/27, the old basic State Pension is uprated to £176.45/week. So a Cat B pension at 60% would be £105.85/week (£5,504/year).
This is in addition to any pension the wife earned in her own right, but the two could not double-count — a wife with her own £80/week pension would top up to Cat B level (£105.85), gaining £25.85.
Surviving the 2016 reforms: who still has derived rights?
The new State Pension is fundamentally individual — you build it from your own NI record. But these transitional protections survived:
- You reached State Pension Age before 6 April 2016. The old system applies in full to you. Cat B rights continue.
- You reached SPA on or after 6 April 2016, but your spouse paid NI between 1978 and 2016. A "starting amount" calculation gives you the higher of (a) what the old system would have given you including any Cat B derived rights, or (b) what the new system gives you. If (a) is higher because of derived rights, you keep that uplift — called a "protected payment".
- Widow / widower / surviving civil partner. You may inherit a portion of your late spouse's "additional State Pension" (SERPS / S2P) — usually up to 50%. Some inheritance rights also apply to deferred-pension uplifts.
- Reciprocal social security agreements. Some derived rights survive across borders (Ireland, EEA pre-Brexit, Commonwealth countries with specific treaties).
Inheriting a spouse's pension on death
The new State Pension is mostly NOT inheritable, but specific exceptions exist:
- Protected payment: if your late spouse's starting amount included derived rights or additional State Pension above the full new State Pension, that "protected payment" portion can be inherited by the surviving spouse (up to 50%).
- Deferral uplift: if your late spouse deferred their State Pension, the uplift portion can be inherited by you.
- Pre-2016 pensioners: old-system rules continue, including 60% Cat B for surviving widows/widowers in some cases.
The "lump sum on deferral" option of the old system can also be inheritable in specific circumstances. Get a free quote from gov.uk's check-eligibility tool before any major decisions.
Divorce: can I use my ex-spouse's NI record?
Under the old system, if you divorced before reaching State Pension Age, you could substitute your former spouse's NI record for the years of marriage if it gave you a higher pension. This is the "substitution" rule.
This survives in the transitional starting-amount calculation. If you divorced before 6 April 2016, your pre-2016 NI record might be more generous than your actual record suggests — check your State Pension forecast.
If you divorce after April 2016, the substitution rule no longer adds value to your new State Pension — though the pre-2016 portion of your record may still be affected.
"Married woman's stamp" — the 1977 cohort
Until 1977, married women could elect to pay reduced NI contributions ("married woman's stamp"), which built no State Pension entitlement of their own. The election only survived for the duration of continuous employment — women who had a year out (often for childcare) lost the election permanently from 1978.
Many women now in their late 70s and 80s reached State Pension Age with little or no pension in their own right, expecting to rely on Cat B. Under the old system this worked; under the new system many would have been disadvantaged. The 2016 transitional rules preserve their Cat B rights — they receive the 60% derived amount unchanged.
Worked example: widow at 75, late husband had full pension
Mrs S reached SPA in 2010 (under the old system). She had only 25 years of her own NI, earning a basic State Pension of £80/week. As wife of a full-pension husband (£176.45/week), she could claim Cat B, topped up to £105.85/week.
Her husband died in 2024. She inherits:
- Her own pension: continues at £80/week (now uprated).
- Cat B top-up: was 60% of his pension; she can claim "widow's basic State Pension" up to the full old-system rate, depending on his contribution record. If he had a full record, she may now receive £176.45/week — an uplift of £70/week.
- Any inherited additional State Pension (SERPS / S2P he built up) up to 50%.
The pension increase on a spouse's death needs to be claimed; it doesn't happen automatically. Many widows lose out by failing to apply.
How to claim derived rights
- Check your State Pension forecast. The forecast incorporates any derived rights it can calculate automatically.
- If the forecast looks low for your circumstances, contact the Pension Service to query whether derived rights have been correctly applied.
- On death of a spouse: apply for inherited State Pension. Don't wait for an automatic uplift — it often doesn't happen.
- On divorce: request a manual review of substitution rights via the Pension Service.
Common derived-pension mistakes
- Assuming the new system removes all derived rights. It removes most, but transitional protections matter for the 2016-2030 cohort especially.
- Not claiming on a spouse's death. DWP often doesn't automatically uplift — the surviving spouse has to apply.
- Confusing additional State Pension (SERPS/S2P) inheritance with basic Cat B inheritance. They follow different rules.
- Missing the "married woman's stamp" historical context. Old advice still applies to anyone who reached SPA before April 2016.
- Not querying a low forecast. The forecast assumes standard cases; complex histories often need manual review.
Sources
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