Part 1

State pension

Transitional entitlement based on contributions of others

Survivor's pension based on inheritance of additional old state pension
7
1
A person is entitled to a state pension under this section if—
a
the person has reached pensionable age,
b
the person's spouse died while they were married or the person's civil partner died while they were civil partners of each other, and
c
the person is entitled to an inherited amount under Schedule 3.
2
A state pension under this section is payable at a weekly rate equal to the inherited amount.
3
The rate of the state pension for a person under this section is to be increased from time to time in accordance with the applicable paragraph of Schedule 4.
4
Regulations may provide that if at any time the sum of the relevant state pensions for a person exceeds an amount provided for by regulations, the rate of any state pension payable to the person under this section is to be reduced by the amount of the excess.
5
The “sum of the relevant state pensions” for a person is the sum of—
a
the rate of any state pension payable to the person under this section (ignoring any reduction under subsection (4)), and
b
the rate of any state pension payable to the person under section 2, 4 or 12.
6
In subsections (4) and (5) a reference to the rate of a person's state pension is to the rate—
a
taking into account any reduction under section 14 (in the case of a state pension under section 4), but
b
ignoring any increase under section 17.
7
There are provisions elsewhere that affect a person's entitlement to a state pension under this section or the rate at which it is payable.
Pt. 1 excluded by S.I. 2007/1398, reg. 8(3) as amended (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 30(4)(a)
Pt. 1 modified (6.4.2016) by The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 2016 (S.I. 2016/287), regs. 1, 2(2)(h), Sch.
Pts. 1, 5 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pts. 1, 5 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.
Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 1 modified (6.4.2016) by The Social Security (Reciprocal Agreements) Order 2016 (S.I. 2016/158), arts. 1, 2, Sch. 1, Sch. 2
Pt. 1 modified (6.4.2016) by The Social Security (Reciprocal Agreement) (Isle of Man) Order 2016 (S.I. 2016/157), arts. 1, 2, Sch.
Pts. 1, 5 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.
S. 7 in force at 6.4.2016, see s. 56(1)(4)
Pts. 1, 5 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 1 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))