Consultations & legislation
UK response to the 1 March European Court of Justice ruling that insurance benefits and premiums after 21 December 2012 should be gender-neutral
Issued: 08 December 2011
Open date: 08 December 2011
Close date: 01 March 2012
Background
In March 2011 the European Court of Justice ruled that the use of gender as a risk factor by insurers should not result in individual differences in premiums and benefits for men and women, with effect from 21 December 2012. In June 2011 the Financial Secretary to the Treasury issued a statement setting out the Government's initial response to the Court's decision. In this the Government expressed its disappointment with the ruling, stressing that it believes it will have a negative impact on consumers. Despite this there remains an obligation to implement the judement into UK law.
In the June statement the Government clarified its view that the ruling applies only to new contracts entered into after 21 December 2012, meaning existing contracts are not affected. The statement also highlighted the Government's intention to implement the ruling by amending the Equality Act 2010 and committed to publishing a consultation on the details of this approach along with an impact assessment before the end of the year.
The Government today publishes a consultation document on its proposed approach to implementing the judgement into law and its views on how insurers can use gender as a risk factor in the light of the judgment.
Consultation
The Consultation document seeks views on the Government’s legal interpretation of the judgment and the accompanying draft regulations that amend the Equality Act. It also seeks comments on the Government’s impact assessment and requests additional data that would contribute to a better understanding of the impact on consumers and insurers. Finally, it asks for views on some of the key issues arising from the judgment, such as the scope of indirect discrimination.
Consultation documents
- Consultation document: UK response to the 1 March European Court of Justice ruling that insurance benefits and premiums after 21 December 2012 should be gender-neutral (PDF 491KB)
- Press notice: Government consults on the use of gender as a risk factor for insurance
Contact details
Email responses to be sent to Sandra.holben@hmtreasury.gsi.gov.uk
Post
Test Achats Consultation responses
C/O Sandra Holben
HM Treasury
1 Horse Guards Road
London
SW1A 2HQ
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