Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Glossary detail
CASE STUDY

“We rely on LexisNexis to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients.”

Shelter

Access all documents on Contracted-out mixed benefit

Contracted-out mixed benefit meaning

What does Contracted-out mixed benefit mean?
In practice, this describes an occupational pension scheme that provided defined benefit (DB) and money purchase (defined contribution, DC) benefits in separate sections, with each section contracted out of SERPS/State Second Pension (S2P) for its members. The legislation referred to this as a “mixed benefit contracted-out scheme” (a term used in the Pension Schemes Act 1993 and the Occupational Pension Schemes (Contracting-out) Regulations 1996). Key features were: separate sections and contracting-out certificates; the DB section qualifying as a salary‑related contracted‑out scheme (meeting GMP requirements pre‑1997 and the reference scheme test thereafter) and the DC section qualifying as a contracted‑out money purchase scheme, generating “protected rights” from National Insurance rebates. Employer and member NI was reduced accordingly. Contracting-out on a DC basis (and protected rights) was abolished on 6 April 2012; contracting-out on a DB basis ended on 6 April 2016. No new contracted‑out rights now accrue, but historic contracted‑out rights remain subject to statutory protections (for example, GMP-related obligations). Usage and legal effect are consistent across England & Wales, Scotland and Northern Ireland (with parallel NI legislation). There is no equivalent contracting‑out regime in Ireland. The term is now mainly used in scheme due diligence, benefit audits, bulk transfers, and GMP projects.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Contracted-out mixed benefit

PRACTICE NOTES
Older Clients’ Benefits: Means-Testing of Income and Capital, Tariff and Notional Income, and Deprivation of Assets (Care Act 2014), with Overview of Pension, Disability, Housing and Bereavement Benefits (Archived)

ARCHIVED This Practice Note summarises the state support potentially available to older clients and clarifies how means testing operates for both income and capital. It also considers the rules on deliberate deprivation of income or assets, both for social security benefits and for local authority care charges under the Care Act 2014. Benefits for older people fall into three strands: contributory (dependent on sufficient National Insurance contributions), non‑contributory and non‑means‑tested (based on status such as age or disability), and means‑tested (assessed against the claimant’s income and capital). Relevant Benefits Pension and pension related benefits New State Pension Graduated Retirement Benefit (historic entitlement) Guaranteed Minimum pension—contracted out rights Pension Credit—guarantee credit and saving credit War pensions—where applicable Disability—related benefits Attendance Allowance Personal Independence Payment (for those below State Pension age) Industrial Injuries Disablement Benefit Means-tested benefits Pension Credit Housing Benefit—for claimants over the State Pension age...

Read More Right Arrow
PRACTICE NOTES
UK IHT spouse and civil partner exemption: long-term residence rules, pre-2025 domicile elections, transitional provisions, treaties and planning for mixed-status couples

Section 18 of the Inheritance Tax Act 1984 (IHTA 1984) Section 18 sets out an inheritance tax (IHT) exemption for transfers of value between spouses and civil partners. The spouse exemption is unrestricted, except where a transfer—whether during lifetime or on death—is from a long-term resident (LTR) spouse to a spouse who is not LTR; in that case, the exemption is limited under IHTA 1984, s 18(2). From 6 April 2025, long-term residence replaced domicile for determining liability to IHT. An individual qualifies as LTR if they have been UK resident for at least ten of the 20 tax years immediately preceding the tax year in which an IHT charge arises. A person may still be LTR even with periods of non-UK residence within that 20-year span, so long as their cumulative UK residence is at least ten years. For more information on long-term residence, see Practice Notes: A new residence-based regime for IHT from 2025–26 and New IHT regime from 6 April 2025—FAQs...

Read More Right Arrow