Select committee: Work and Pensions Committee
Recommendation 14
Fifth report: Protecting pension savers—five years on from the pension freedoms: Pension scams
Published 28 Mar 2021
Paragraph 61
Addressed to Department for Work and Pensions
Work and Pensions Committee Protecting pension savers – five years on from the pension freedoms: Pension scams All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
The Pension Schemes Act 2021 will allow people’s statutory right to transfer from their pension scheme to be restricted where there are signs of a pension scam. Regulations will be developed by DWP and are expected to be in place later this year. This will be a significant step in preventing pension transfer scams. Pension scheme trustees will be required to check if a transfer showed signs of a pension scam before allowing it to take place. If a trustee, through a lack of due diligence, allowed a transfer to a scheme which showed signs of being a scam then we believe that the Pensions Ombudsman must be able to require the scheme to compensate the victim. We recommend that a review of the legislation should be published within 18 months of the regulations being operational. If there are any concerns about the operation of the policy this will allow legislative changes to be made during this Parliament.
From: Work and Pensions Committee, Fifth report: Protecting pension savers—five years on from the pension freedoms: Pension scams (HC 648), paragraph 61, 28 March 2021
Government response
The government responded to the whole report on 6 July 2021 (deadline 28 May 2021).
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government "notes" the Committee's report, says it takes the recommendations "very seriously", and states it has "agreed with many of the recommendations from the outset" while it will "continue to look closely at the remaining recommendations".
- On the red and amber flag system for pension transfers, the Government agrees that the policy should be reviewed and that the flags' suitability forms part of that review, but "cannot" guarantee any legislative changes could be made "during this Parliament".
- It does not agree that inclusion on the FCA warning list should itself be a red flag, saying the Pension Schemes Act 2021 does not give powers "to use a third parties list or determination".
- It declines additional reporting by the City of London Police to Parliament on Action Fraud, saying it is "unnecessary" and oversight "should remain with the Government".
- The Government is "committed to publishing a comprehensive Fraud Action Plan after this year's Spending Review", but "cannot commit" to publishing details of its coordination with the Treasury.