Hogan Lovells

Key Dates

Determination PO-22236 issued on 29 July 2019.


Summary

Ms N applied to transfer her personal pension fund to a Canadian pension scheme (the "receiving scheme") which, at the time of her application, was a qualifying recognised overseas pension scheme (QROPS). However, the personal pension provider delayed in implementing the transfer and, in this time, the Canadian scheme was removed from HMRC's QROPS list. 

There was also no other Canadian scheme listed as a QROPS at the time Ms N's complaint was considered by the Pensions Ombudsman. The rules of the personal pension scheme did not give a member a right to an unauthorised payment and there was no provision in the rules allowing the provider discretion to make unauthorised payments.

The Ombudsman found that the provider's delay amounted to negligent administration which had caused Ms N loss. When considering the compensation to be awarded, the Ombudsman noted that:

The Ombudsman directed the provider:



Date Accessed: 28/05/2022