What does Scheme Pays mean? Scheme Pays is a mechanism by which a member asks their registered pension scheme to pay some or all of their Annual Allowance tax charge directly to HMRC, in return for a permanent reduction to the member’s pension benefits or defined contribution pot. It is set out in the Finance Act 2004 and associated HMRC regulations and guidance, and operates consistently across England & Wales, Scotland and Northern Ireland.
Key features include:
- Mandatory Scheme Pays, where statute gives a right to require the scheme to pay the charge if specified conditions are met (including a monetary threshold and that the
scheme pays, brought in under Schedule 17 to the Finance Act 2011 (FA 2011), permits a member, in defined circumstances, to direct their pension scheme to settle their annual allowance charge. The scheme may subsequently recover the outlay by adjusting the member’s pension benefits accordingly. As the standard annual allowance available to a member has been curtailed over time (it peaked at £255,000 and, from 6 April 2023, stands at £60,000), a greater number of members are expected to face an annual allowance charge and, in turn, more pension schemes are likely to need to deploy Scheme Pays. Crucially, for a member to compel their scheme to operate Scheme Pays, one condition is that the aggregate pension savings in that scheme for the same tax year (ie the pension input amount) must exceed the standard annual allowance (ie £60,000 from 6 April 2023 and £40,000 between 6 April 2014 and 5 April 2023). Consequently, the money purchase annual allowance and any taper applied to the standard annual allowance entitlement are disregarded when considering Scheme Pays in practice for these purposes...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...