DWP publishes review of Conditions for Transfers Regulations 2021

On June 21, 2023, the DWP published a review of the Conditions for Transfers Regulations 2021, 18 months after they came into force.

The regulations were intended to reduce the risk of pension scams by limiting a member's statutory right to transfer to another pension scheme. Broadly speaking, trustees may only transfer a member's cash equivalent if they conclude that either:

• The transfer is to a public service scheme, an authorised master trust or an authorised collective money purchase scheme. 
• If the requested transfer does not satisfy the first condition, no red flags are present or, if an amber flag is present, the member has taken guidance on the risk of scams. 

As part of its review, the DWP gathered feedback on the effectiveness of the Regulations from over 20 schemes, administrators and industry bodies, including data covering approximately 290,000 transfers completed in 2022. The data indicated 94 per cent of transfers were completed under the first condition or the second condition where no flags were present, while 5 per cent of transfers were completed outside the regulations (on a contractual or discretionary basis).

Among 2,400 transfers triggering an amber flag, this most often arose where overseas investments (57 per cent) or high-risk or unregulated investments (15 per cent) were included in the receiving scheme. Only 300 transfers were given a red flag. The commonest trigger was the member failing to provide required information (47 per cent). 

Generally, feedback was that the policy intent underlying the regulations was appropriate and the regulations were the best way to deliver this. However, specific concerns were raised around the “overseas investment amber flag” which sometimes needs to be raised even where there were no real concerns, and the “incentives red flag” which is blocking transfers on account of differing interpretations among providers.

Following the review, the DWP has committed to conducting further work with the pensions industry and the Regulator to consider if the transfer process could be improved, without undermining the policy intent. The DWP needs to strike a balance between protection for pension savers and the ability to make transfer decisions without being blocked or impeded by delays. Unfortunately, no timescale has been given for completion of the DWP’s additional work.