When the original Agreement entered into force on January 1, 1985, the U.K. social security system provided three types of survivors benefits: a widow’s allowance, a widowed mother’s allowance and a widow’s pension. The widow’s allowance was a transitional benefit payable to most widows under age 60 whose husbands were receiving retirement pensions when they died. Entitlement began on the date of the husband’s death and continued for 26 weeks. The widow’s allowance was a flat-rate benefit equal to about $71.00 per week in 1983. After 26 weeks, the widow could qualify for a widowed mother’s allowance or a widow’s pension.
The widowed mother’s allowance was payable to a widow of any age who had a child of the deceased worker in her care. In order to qualify, the widow’s deceased husband must have met certain minimum coverage requirements. These requirements were essentially the same as those that applied for retirement benefits (see annotation to Article 11) except that the worker was assumed to have reached age 65 at the time of death. A full widowed mother’s allowance (about $50.00 per week in 1983) was payable if the deceased worker had sufficient coverage to qualify for a full basic retirement pension at the time of death. If the deceased worker would have qualified for a reduced retirement pension, the widowed mother’s allowance was reduced accordingly. Both the widow’s allowance and the widowed mother’s allowance were increased by about $13.00 per week for each surviving child (1983 rate).
The widow’s pension was payable to widows age 40 or over at the time of the worker’s death or at the time the widowed mother’s allowance ended. In order for the widow to qualify, the deceased worker had to have met the same coverage requirements as for the widowed mother’s allowance discussed above. The amount of the widow’s pension depended on the widow’s age at the time of entitlement. A full widow’s pension, equal to about $50 per week in 1983, was payable to widows aged 50 or over. The pension was reduced for widows under age 50.
Under subsequent changes in the U.K. social security system, the system now pays a lump sum bereavement payment to a surviving spouse or civil partner whose deceased spouse or civil partner was eligible for or receiving a basic old-age pension at death.
Currently, a surviving spouse or civil partner aged 45 or older, but younger than basic old-age pension age and without dependent children, can receive a bereavement allowance if the deceased received or was eligible to receive a basic old-age pension at death.
Additionally, if the deceased was eligible for or receiving a basic old-age pension at death, there is a widowed parent’s allowance for a person younger than basic old-age pension age receiving child’s benefit on behalf of the deceased’s surviving child, or for a widow expecting a late husband’s child.
Transitionally, a woman widowed before April 2001 can receive up to age 65 a widowed mother’s allowance if she is receiving child’s benefits on behalf of a surviving child, or is expecting a late husband’s child. Provided she was age 45 or over at her husband’s death or when the widowed mother’s allowance ceased, she may receive a widow’s pension up to age 65.
Article 12 specifies that the totalization benefit provisions set forth in Articles 10 and 11 will also apply to U.K. survivors benefits. This means that the United Kingdom will consider U.S. coverage in determining entitlement to U.K. widow’s benefits if a claimant fails to qualify based on the deceased worker’s U.K. coverage alone. However, as noted in the annotation for Article 11.2 above, under current U.K. rules, persons may generally qualify for U.K. basic pension with contributions paid or credited for as little as one qualifying year. Consequently, the totalization benefit provisions of Articles 10 and 11 may have limited applicability with regard to U.K. survivors benefits calculations under the Agreement that are subject to the U.K. pension system reforms effective on or after April 6, 2010. Were there a case in which entitlement to U.K. survivors benefits was established based on combined U.K. and U.S. coverage, a pro rata benefit would be calculated in accordance with the provisions of Article 11.2. For current information on U.K. survivors benefits, go to https://www.gov.uk/browse/benefits/bereavement.