Fifth report: Protecting pension savers—five years on from the pension freedoms: Pension scams
Select Committee
Work and Pensions Committee
HC 648
28 March 2021
Government response
Protecting pension savers–five years on from the pension freedoms: Pension scams: Government, The Pensions Regulator and Financial Conduct Authority Responses to the Committee’s Fifth Report of Session 2019–21 · published 6 Jul 2021
Recommendations & Conclusions
37 results
1
Conclusion
Acknowledged
Para 10
People save for retirement and later life in many different ways, not solely through their...
Conclusion
People save for retirement and later life in many different ways, not solely through their pensions. During the course of our inquiry we have been contacted by a number of people who have lost savings, other than pensions, which were …
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Government Response Summary
The government acknowledges the importance of collaborative work between DWP, HM Treasury, and other departments to address vulnerabilities exploited by fraudsters, and commits to publishing a comprehensive Fraud Action Plan after the Spending Review.
Department for Work and Pensions
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2
Recommendation
Deferred
Para 11
The pension freedoms gave people more choice in how they use their money to meet...
Recommendation
The pension freedoms gave people more choice in how they use their money to meet their own needs. However, by offering pension savers access to a much wider range of investments, the freedoms also removed much of the distinction between …
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Government Response Summary
The government acknowledges the scale of pension scams and efforts to build a better intelligence picture through industry reporting. However, it defers comprehensive action on putting in place the necessary support framework, stating it will look closely at the recommendations from internal Project Bloom reviews and set out the way forward later in the year.
Department for Work and Pensions
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3
Recommendation
Not Addressed
We recommend that DWP should publish details of its plans to co-ordinate work with the...
Recommendation
We recommend that DWP should publish details of its plans to co-ordinate work with the Treasury to combat pension scams as a matter of urgency. Following the introduction of the pension freedoms there is now less practical distinction between the …
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Government Response Summary
The government response discusses Project Bloom's definition of pension scams and ongoing threat assessments, but it does not address the recommendation for DWP to publish plans for co-ordination with the Treasury.
Department for Work and Pensions
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4
Conclusion
Not Addressed
Para 19
The real scale of pension scamming is undoubtedly much larger than the £30 million reported...
Conclusion
The real scale of pension scamming is undoubtedly much larger than the £30 million reported to Action Fraud, the UK’s national reporting centre for fraud and cybercrime, between 2017 and August 2020. We have even heard examples of individual cases …
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Government Response Summary
The government response describes existing governance and monitoring processes for Action Fraud by the City of London Police, and states that additional reporting to Parliament is unnecessary. It does not directly engage with the committee's observation about the real scale of pension scamming being much larger than reported.
Department for Work and Pensions
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5
Recommendation
Not Addressed
Para 20
We recommend that Project Bloom, the multi-agency taskforce set up to tackle pension scams, should...
Recommendation
We recommend that Project Bloom, the multi-agency taskforce set up to tackle pension scams, should develop a range of measures to enable a better understanding of the scale of pension scamming, rather than relying solely on the current Action Fraud …
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Government Response Summary
The government's response focused on Action Fraud's role in victim support and referrals, and why it cannot expand its administrative function, completely failing to address the recommendation for Project Bloom to develop new measures for understanding the overall scale of pension scamming.
Department for Work and Pensions
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6
Recommendation
Not Addressed
Para 26
At present there is no universal definition of pension scams and the range of potential...
Recommendation
At present there is no universal definition of pension scams and the range of potential activity which could be classed as a scam runs from sharp practice all the way to outright fraud. Project Bloom, the multi-agency taskforce set up …
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Government Response Summary
The government response discusses increasing awareness of secondary scammers through various campaigns and services, but does not address the recommendation for Project Bloom to continue using the Pension Scams Industry Group's definition of pension scams.
Department for Work and Pensions
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7
Recommendation
Not Addressed
Para 34
Many victims of pension scams never report that they have been scammed.
Recommendation
Many victims of pension scams never report that they have been scammed. Others report a long time after it has taken place. Scam victims reasonably expect that, when they make a report to Action Fraud, it will be acted upon. …
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Government Response Summary
The government emphasizes the importance of reporting to Action Fraud and outlines efforts to improve industry reporting and communications. However, it does not commit to Action Fraud being accountable to Project Bloom or to the City of London Police making annual reports to Parliament on efforts to repair Action Fraud's reputation.
Department for Work and Pensions
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8
Recommendation
Acknowledged
Para 35
The aftermath of a pension scam can leave a victim needing to deal with several...
Recommendation
The aftermath of a pension scam can leave a victim needing to deal with several different bodies without much guidance or support. For many victims Action Fraud is the first point of contact and for those for whom it is …
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Government Response Summary
The government acknowledges the need for improved coordination by stating Project Bloom is exploring options for industry intelligence sharing and reporting. However, it does not commit to Action Fraud taking a direct coordinating role for victims by setting up appointments or other bodies routinely recording cases with Action Fraud.
Department for Work and Pensions
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9
Recommendation
Not Addressed
Para 37
We heard repeatedly about a worrying trend of secondary scammers—scammers targeting people who have already...
Recommendation
We heard repeatedly about a worrying trend of secondary scammers—scammers targeting people who have already been the victim of a pension scam. People who have not reported their case to an appropriate body—or who have done so but not received …
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Government Response Summary
The government response details the Pensions Regulator's industry-focused Pledge campaign, which encourages organisations to combat scams and adopt a code of good practice, but does not address the recommendation to use the ScamSmart campaign to warn consumers about secondary scammers.
Department for Work and Pensions
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10
Recommendation
Not Addressed
Pension firms can and should report suspect scams directly to Action Fraud.
Recommendation
Pension firms can and should report suspect scams directly to Action Fraud. But we heard extensive evidence from the pensions industry that they are not sure where or how to report pension scams or suspected scams and that they are …
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Government Response Summary
The government response confirms that Money and Pensions Service (MaPS) services, including Pension Wise, are available to expatriates and encourages them to use these resources. It does not address the recommendation for Action Fraud and Project Bloom to provide clear guidance and tools for the pensions industry to report suspected scam activity.
Department for Work and Pensions
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11
Recommendation
Deferred
Para 46
The pensions industry does not universally share information about possible scams amongst providers and schemes.
Recommendation
The pensions industry does not universally share information about possible scams amongst providers and schemes. Information can be, and is, shared voluntarily, including through the Pension Scams Industry Group and the forum it supports— the Pension Scams Industry Forum. WWee …
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Government Response Summary
The government agrees with the recommendation to facilitate information sharing and legislate for required industry participation, noting it aligns with DWP's policy review. However, it cannot guarantee legislative changes will occur within the current Parliament, making action dependent on future review and timetable.
Department for Work and Pensions
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12
Recommendation
Accepted
Para 47
We welcome the fact that the Pensions Regulator is supporting efforts to encourage the pensions...
Recommendation
We welcome the fact that the Pensions Regulator is supporting efforts to encourage the pensions industry to share information about pension scams through its pledge to combat pension scams campaign, which was launched in November 2020. We would like to …
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Government Response Summary
The government agrees with the recommendation for Project Bloom to encourage pledge sign-ups and for TPR to monitor and report, stating that this will form part of the Department for Work and Pension’s plan to review the policy.
Department for Work and Pensions
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13
Recommendation
Not Addressed
Pension scammers do not confine themselves to the borders of the UK.
Recommendation
Pension scammers do not confine themselves to the borders of the UK. Many of the cases we heard about took place across several countries, making enforcement more complicated. We note that since the introduction of a potential 25% charge on …
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Government Response Summary
The government response details the powers within the Pension Schemes Act 2021 and DWP's system of red and amber flags for pension transfers to prevent scams. It does not address the recommendation for the Money and Pensions Service to run a programme encouraging expatriates to access its free guidance.
Department for Work and Pensions
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14
Recommendation
Not Addressed
Para 61
The Pension Schemes Act 2021 will allow people’s statutory right to transfer from their pension...
Recommendation
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 …
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Government Response Summary
The government response outlines its position on online platform operators' responsibility for financial promotions and the FCA's actions to address online fraud, but does not address the recommendation to publish a review of pension transfer legislation within 18 months of regulations becoming operational.
Department for Work and Pensions
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15
Recommendation
Not Addressed
Para 62
The regulations will identify potential indicators of a pension scam which would raise either red...
Recommendation
The regulations will identify potential indicators of a pension scam which would raise either red or amber flags. A red flag would allow a transfer to be blocked and an amber flag would allow a transfer to be paused until …
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Government Response Summary
The government response details the inclusion of online fraud in the Online Safety Bill and DCMS's work on regulating online advertising. It does not address the recommendation for regular reviews of the suitability of red and amber flags for pension transfers.
Department for Work and Pensions
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16
Recommendation
Not Addressed
Para 63
The FCA hosts a warning list on its website.
Recommendation
The FCA hosts a warning list on its website. The warning list publishes details of unregulated entities which appear to be carrying out an FCA regulated activity without the requisite authorisation or permission. The Minister for Pensions and Financial Inclusion …
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Government Response Summary
The government response outlines ongoing work with the tech sector to explore voluntary approaches to reducing fraud and tackling fraudulent adverts, but does not specifically address the recommendation to make the FCA warning list a red flag for pension transfers.
Department for Work and Pensions
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17
Recommendation
Not Addressed
Para 73
The move online by pension scammers has been a recurring theme of our inquiry.
Recommendation
The move online by pension scammers has been a recurring theme of our inquiry. Regulators appear powerless to hold online firms to account for hosting scam advertisements in the same way they would be able to for traditional media. Scammers …
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Government Response Summary
The government's response focuses on existing education and ScamSmart advertising campaigns, and TPR's 'Pledge to Combat Pension Scams' for industry. It does not address the recommendation to bring paid-for online advertising under the financial promotions regulatory framework.
Department for Work and Pensions
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18
Recommendation
Not Addressed
Para 74
On 15 December 2020 the Government announced its decision to bring forward legislation for the...
Recommendation
On 15 December 2020 the Government announced its decision to bring forward legislation for the Online Safety Bill but also signalled its intent to exclude financial harms from the scope of that legislation. It is notable that several public bodies, …
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Government Response Summary
The government response provides details on the scope and services of Pension Wise and the Money and Pensions Service, noting their rebranding, but does not address the recommendation for the Online Safety Bill to legislate against online investment fraud.
Department for Work and Pensions
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19
Recommendation
Not Addressed
Para 75
In the period between now and any legislation coming into force, we recommend that voluntary...
Recommendation
In the period between now and any legislation coming into force, we recommend that voluntary codes of conduct should be developed by search engines and social networks which make it clear that a request from a UK-based regulator is sufficient …
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Government Response Summary
The government's response focuses on the Money and Pensions Service's remit regarding financial guidance and the FCA's perimeter guidance, completely failing to address the recommendation for voluntary codes of conduct by search engines and social networks for scam advertisement removal.
Department for Work and Pensions
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20
Recommendation
Not Addressed
Since 2014, the FCA and the Pensions Regulator have been running ScamSmart campaigns to alert...
Recommendation
Since 2014, the FCA and the Pensions Regulator have been running ScamSmart campaigns to alert people to the risks of scams. The campaigns have made effective use of limited resources to target groups vulnerable to scams. We recommend that Pensions …
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Government Response Summary
The government response details the rationale and evaluation of the Pension Advice Allowance and the Financial Advice Market Review, with ongoing monitoring of its effectiveness, but does not address the recommendation for TPR and FCA to continue and evaluate the ScamSmart campaign.
Department for Work and Pensions
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21
Conclusion
Not Addressed
Para 90
When someone is looking for support to help them make a decision about their pension...
Conclusion
When someone is looking for support to help them make a decision about their pension they can seek either advice or guidance. These are both important tools to prevent scams, with earlier intervention likely to lead to better outcomes. Advice …
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Government Response Summary
The government agrees a public description of Project Bloom members and roles is a beneficial next step and will be taken forward, and a public report on scams measures will be considered alongside wider industry reporting. This does not address the committee's conclusion about consumer understanding of pension advice vs guidance.
Department for Work and Pensions
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22
Recommendation
Not Addressed
Para 91
When the pension freedoms were introduced, a guidance guarantee was presented as a key pillar...
Recommendation
When the pension freedoms were introduced, a guidance guarantee was presented as a key pillar of the reforms supporting people making use of the new range of choices available to them. Everyone with a defined contribution pension is entitled to …
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Government Response Summary
The government response outlines the Financial Conduct Authority's (FCA) framework for tackling fraud, its collaboration with other agencies, and its proactive publication of information. It does not address the recommendation for DWP to set out a plan and timetable for Pension Wise appointments becoming the norm.
Department for Work and Pensions
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23
Recommendation
Not Addressed
Para 92
We recommend that the Department for Work and Pensions should consider the options available for...
Recommendation
We recommend that the Department for Work and Pensions should consider the options available for the Money and Pensions Service to offer enhanced guidance or limited advice, including through technological solutions. Regulated advice comes at a cost to savers, which …
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Government Response Summary
The government's response focuses entirely on HMRC's role in registering pension schemes and related tax matters, and does not address the recommendation for DWP to consider options for the Money and Pensions Service to offer enhanced guidance or limited advice.
Department for Work and Pensions
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24
Recommendation
Not Addressed
The pension advice allowance allows members of defined contribution and hybrid pension schemes to withdraw...
Recommendation
The pension advice allowance allows members of defined contribution and hybrid pension schemes to withdraw £500 from their pension up to three times in different tax years for advice. There appears to have been little take up of the Pension …
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Government Response Summary
The government response details actions taken by the FCA to increase consumer awareness of investment scams and explains the governance and complaints mechanisms for financial services regulators, but does not address the recommendation to review or remove caps on the Pension Advice Allowance.
Department for Work and Pensions
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25
Recommendation
Not Addressed
Para 111
There are many bodies with potentially overlapping enforcement responsibilities relating to pension scams.
Recommendation
There are many bodies with potentially overlapping enforcement responsibilities relating to pension scams. These include, but are not necessarily limited to: the Pensions Regulator, the FCA, the Insolvency Service, HMRC, Information Commissioner’s Office, the police service, the Serious Fraud Office, …
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Government Response Summary
The government discusses Project Bloom's operational footing and its consideration of options for leadership and resourcing, but does not commit to publishing a document outlining roles or reporting annually on pension scam losses and reimbursements as recommended.
Department for Work and Pensions
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26
Recommendation
Not Addressed
Para 112
The FCA told us that there have been a very large number of prosecutions involving...
Recommendation
The FCA told us that there have been a very large number of prosecutions involving scams and unauthorised business. We do not agree with this assessment. Its own figures—revealed only through Freedom of Information requests—show that there were just 25 …
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Government Response Summary
The government response details HMRC's willingness to work with pension schemes on guidance regarding tax charges for early pension access. This response does not address the recommendation for the FCA to publish a costed plan for tackling scams or proactively release enforcement data.
Department for Work and Pensions
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27
Recommendation
Not Addressed
Para 113
We have heard devastating evidence from pension scam victims who were persuaded to hand their...
Recommendation
We have heard devastating evidence from pension scam victims who were persuaded to hand their savings over to a scammer because the scam pension scheme was registered with HMRC. We welcome the action that has led to a reduction in …
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Government Response Summary
The government's response discusses HMRC's empathetic approach to customers, tax liabilities on unauthorised payments, and limited discretionary powers. It does not address the specific recommendation that HMRC should make clear that a tax reference is not an endorsement of a given scheme.
Department for Work and Pensions
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28
Recommendation
Not Addressed
Para 114
Regulators exist to protect savers and not enable scammers.
Recommendation
Regulators exist to protect savers and not enable scammers. Where a regulator has failed in this fundamental duty they should be held accountable. We recommend that the Government review the recourse available to pension scam victims when the actions of …
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Government Response Summary
The government's response details HMRC's involvement in the Project Bloom Communications Group and its request to re-join the Strategy Group. It does not address the recommendation to review recourse available to pension scam victims when a regulator's actions have been beneficial to a scammer.
Department for Work and Pensions
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29
Conclusion
Not Addressed
Para 115
The pensions and wider financial services industry has a strong reputational interest in preventing scams.
Conclusion
The pensions and wider financial services industry has a strong reputational interest in preventing scams. The regulators responsible for protecting the reputations and consumers of these industries are largely levy funded to meet this interest. Levy payers, particularly those regulated …
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Government Response Summary
The government response details the Pensions Regulator's work on assessing value for money provided by independent trustees in scam schemes and the challenges involved in their appointment and recovery efforts, but does not address the conclusion about regulator effectiveness in preventing scams or the impact on industry levies.
Department for Work and Pensions
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30
Conclusion
Not Addressed
Para 119
Project Bloom is a multi-agency task force set up to tackle pension fraud in 2012.
Conclusion
Project Bloom is a multi-agency task force set up to tackle pension fraud in 2012. It is not a statutory body and receives no dedicated funding. The members of Project Bloom have argued convincingly to us that it has the …
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Government Response Summary
The government response discusses the role of Independent Trustees (ITs) in recovering assets from scam schemes and the complexities involved, advising against early transfers. It does not address the committee's conclusion regarding Project Bloom's non-statutory status, lack of dedicated funding, or the suggestion of a pension scams hub.
Department for Work and Pensions
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31
Recommendation
Not Addressed
The establishment in 2012 of Project Bloom, the multi-agency task force set up to tackle...
Recommendation
The establishment in 2012 of Project Bloom, the multi-agency task force set up to tackle pension fraud was an attempt to overcome this. We support the creation of Project Bloom, but it has become clear that it does not have …
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Government Response Summary
The government acknowledges scope for further action and a more joined-up approach, then details existing support services provided by MaPS for victims of pension scams and the rollout of the Action Fraud Economic Crime Victim Care Unit. It does not address the recommendation to establish a new statutory Pension Scams Centre with dedicated funding, an intelligence hub, or a public strategy with targets.
Department for Work and Pensions
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32
Recommendation
Para 131
As well as ruining someone’s financial future, a pension scam can leave them with large...
Recommendation
As well as ruining someone’s financial future, a pension scam can leave them with large unexpected tax bills. Pension liberation scams often involve scammers claiming that there are legal loopholes, such as loans or cash incentives, which can allow a …
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Department for Work and Pensions
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33
Recommendation
HMRC has been described as “unrelenting and uncompromising” in the pursuit of unauthorised payment charges.
Recommendation
HMRC has been described as “unrelenting and uncompromising” in the pursuit of unauthorised payment charges. While the position taken by HMRC is legally correct, it has often lacked empathy or understanding of impact that its demands have on victims. We …
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Department for Work and Pensions
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34
Recommendation
Para 135
We recommend that HMRC should re-join the pension scams taskforce Project Bloom.
Recommendation
We recommend that HMRC should re-join the pension scams taskforce Project Bloom. It was a founding member when Project Bloom was set up in 2012 but has since left. The Minister for Pensions and Financial Inclusion told us that he …
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Department for Work and Pensions
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35
Recommendation
Accepted
Para 143
Where a pension scheme has been used as a vehicle for a pension liberation scam...
Recommendation
Where a pension scheme has been used as a vehicle for a pension liberation scam the Pensions Regulator will appoint an independent trustee. The trustees management fees and associated legal costs will be met directly from the scheme’s assets, which …
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Government Response Summary
The government stated that it is already in the process of thoroughly assessing the value for money provided by independent trustees appointed to scam schemes, detailing existing competitive tender processes, increased firm invitations, and cost scrutiny by an independent adjudicator.
Department for Work and Pensions
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36
Recommendation
Rejected
Para 144
Members of schemes where professional trustees are appointed can face long waits to receive any...
Recommendation
Members of schemes where professional trustees are appointed can face long waits to receive any recovered assets, even if a significant proportion of the assets are recovered. Often because of the costs associated with providing communications to members, which are …
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Government Response Summary
The government rejects the recommendation, explaining that funds are often already dissipated, trust law prevents earmarking, and transferring out early may not be in a member’s best interest or could negatively impact other members.
Department for Work and Pensions
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37
Recommendation
Acknowledged
Being a victim of any fraud can be devastating.
Recommendation
Being a victim of any fraud can be devastating. Pension scams often involve the loss of a lifetime’s savings and many of the plans people have made for their later life. Victims of pension scams suffer lifelong financial harm and …
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Government Response Summary
The government agrees there is scope for further action and describes existing services from MaPS and the Action Fraud Economic Crime Victim Care Unit (ECVCU), which is being rolled out further. However, it does not commit to DWP leading the creation of a new, specific strategy for pension scam victims covering both financial and psychological harm.
Department for Work and Pensions
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