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Contracting-out rebate meaning

What does Contracting-out rebate mean?
A contracting-out rebate is the reduction in employer and employee National Insurance contributions, or an age‑related payment from HMRC to a pension, given when a pension scheme was contracted out of the additional State Pension (SERPS/State Second Pension). It compensated members and sponsoring employers for foregoing accrual under the state’s earnings‑related pension. Rebate rates and mechanics were set in legislation on the advice of the Government Actuary’s Department. In salary‑related (defined benefit) occupational schemes the rebate operated as a lower Class 1 NICs rate; in money‑purchase (defined contribution) arrangements it was paid into the member’s personal, stakeholder or occupational pension as a statutory minimum contribution. Equivalent provisions applied in Northern Ireland. The Republic of Ireland has no contracting‑out system, so the term is not used there. Money‑purchase contracting‑out (and its age‑related rebates) ended on 6 April 2012. All remaining contracting‑out and NIC rebates for defined benefit schemes ended on 6 April 2016 under the Pensions Act 2014. The term remains relevant in historic payroll/NIC reconciliations, HMRC scheme reconciliation and GMP‑related administration and due diligence.
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NEWS
UK-US Pharmaceuticals Agreement: MFN mitigations, higher NICE cost-effectiveness thresholds, VPAG rebate cap and increased NHS medicines spend - pricing, reimbursement and trade implications to 2028

Deal headlines Zero tariffs on UK pharmaceutical exports to the US will continue until 2028 The UK reports it has secured ‘mitigations’ under the US ‘Most Favoured Nation’ (MFN) drug pricing initiative, though what these entail remains unclear Plans are underway to raise the thresholds used by the National Institute for Health and Care Excellence (NICE) to assess whether new medicines are cost-effective for NHS use by 17%–25%. In principle, this should lead to more favourable reimbursement outcomes in the UK at prices that better reflect the substantial R&D investment required to bring novel therapies to market The agreement also introduces, for 2026 to 2028, a 15% cap under the ‘VPAG’ scheme on rebates payable by pharmaceutical firms to the UK government on net NHS sales of newer medicines Over the next decade, the UK government will lift its spending on new medicines from 0.3% to 0.6% of GDP We set out below how these developments could influence the UK...

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PRACTICE NOTES
Post Danmark II (CJEU, 2015): AEC test not required and no appreciability threshold for dominant undertakings' rebate schemes under Article 102 TFEU

CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment of 6 October 2015 and is not being maintained. For further details, see: timeline, commentary and related/relevant cases. Case facts Outline A reference from Denmark’s Sø- og Handelsret (the national maritime and commercial court) was submitted to the Court of Justice seeking a preliminary ruling under Article 267 TFEU. Among other matters, it asked whether, when assessing the anti-competitive character of rebate schemes under Article 102 TFEU, the law requires a price/cost evaluation comparing the dominant undertaking’s conduct with that of an equally efficient competitor (the ‘as-efficient-competitor’ test), and also whether any exclusionary effect arising from the rebate arrangement must be ‘appreciable’ in order to fall within Article 102 TFEU...

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PRACTICE NOTES
Early settlement of regulated consumer credit: rights, notices, borrower rebates, compensatory amounts and statements under the Consumer Credit Act 1974

This Practice Note sets out the situations and procedures by which a borrower can bring a credit agreement to an early close. Introduction to early settlement Borrowers may terminate regulated agreements at any time by giving statutory notice and paying the sums then due, less any rebate (Consumer Credit Act 1974, s 94 (CCA 1974)). Unless the agreement is secured on land, they are entitled as of right to clear all or part of what they owe. Contracting out is prohibited; creditors cannot remove the right to early settlement or make it conditional. When can borrowers settle early? Borrowers under a regulated consumer credit agreement may settle some or all of the agreement at any time, provided they: give notice to the creditor; and pay all amounts then due under the agreement. Notice The CCA 1974 sets no requirements for the form or content of an early settlement notice. Except where the agreement is secured on land, the...

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PRACTICE NOTES
COVID-19: Temporary Statutory Sick Pay (SSP) changes in Great Britain (13 March 2020–24 March 2022)—self-isolation deeming, suspension of waiting days, evidence rules and rebate scheme closure

Temporary changes to Statutory Sick Pay (SSP) During the coronavirus (COVID-19) pandemic, the government brought in several temporary measures governing access to Statutory Sick Pay (SSP) and the underlying SSP rules. Following the decision to lift coronavirus restrictions in 2022—and, in particular, the publication of the plan for living with COVID-19 on 21 February 2022—those measures have been rolled back. The temporary SSP changes introduced during the pandemic, together with a brief summary of how they were withdrawn, are set out below: Individuals who self-isolated or were required to shield at various times due to coronavirus could be treated as incapable of work and, therefore, entitled to SSP (see: SSP entitlement extended to those who self-isolate below). These deeming provisions were revoked by the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2022, SI 2022/380, with effect from 25 March 2022 (see: LNB News 25/03/2022 5). From 25 March 2022, if an employee tests positive for coronavirus, they qualify for SSP only if they are too unwell...

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PRECEDENTS
Contracting authority partner access clause—direct contracting with supplier, buyer authorisation, incorporation of terms, procurement compliance, reporting and rebate

Definitions Partner(s) • refers to EITHER: [ the following: [ insert names of partners ] OR those [ insert type of group, eg councils or academies in a geographical area or a type of public body ], as described in the Find a Tender service (FTS) Notice. ] The expression Partner(s) shall be understood accordingly. Partner Contract • denotes any arrangement, whatever its form, between the Supplier and the Partner(s) that stems from this Agreement. 1 Use of Agreement by Partner(s) The Supplier accepts and agrees that the Buyer has entered into this Agreement for its own benefit and for the benefit of the Partner(s). Beyond supplying the [ Goods OR Services OR Works ] to the Buyer under this Agreement, the Supplier shall also supply such [ Goods OR Services OR Works ] to any Partner that makes a request, PROVIDED THAT doing so shall not disrupt, compromise, or diminish the level of service the Supplier provides to...

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