Community Housing Fund

(asked on 7th June 2016) - View Source

Question to the Department for Work and Pensions:

To ask Her Majesty’s Government, further to the answer by Baroness Neville-Rolfe on 6 June (HL Deb, col 627), whether they have the necessary power to pursue pension contribution payments from companies where the parent company is based in the Cayman Islands, the British Virgin Islands, or Monaco.


Answered by
Baroness Altmann Portrait
Baroness Altmann
This question was answered on 16th June 2016

Each case will need to be considered on its own merits but the Pensions Regulator can use its anti-avoidance powers against targets that are based abroad. Section 303 of the Pensions Act 2004, governing the service of documents abroad, is intended to operate outside the UK jurisdiction The power to enforce any regulatory action against a non-UK company is likely to require the approval or cooperation of the relevant overseas authorities. By and large, these provisions should be enforceable in other EU and Commonwealth jurisdictions.

The Pensions Regulator has demonstrated that it is prepared to use its anti-avoidance powers against targets that are based abroad, as was shown in its handling of the cases involving Sea Containers and the Lehman Brothers group and a complex investigation into the Carrington Wire Defined Benefit Pension Scheme resulted in a £8.5m settlement with two Russian companies.

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