Dear Sir or Madam,

Section 14 of the stakeholder regulations lists "permitted
reductions".

http://www.opsi.gov.uk/si/si2000/2000140...

However section 13 says:

"13. - (1) Except to the extent permitted by regulation 14

(d) no amount representing the value of any rights of a member
under the scheme,

shall be used in any way which does not result in the provision of
benefits for or in respect of members."

Does this mean that there can be further reductions, other than
those listed in section 14, provided that these "result in the
provision of benefits for or in respect of members"? If not, what
is the purpose of the quoted text?

Yours faithfully,

Stephen Wynn

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Dear Mr Wynn

Please find attached the DWP's response to your FoI request.

Many thanks

Central FoI Team
Department for Work & Pensions
Information and Devolution Policy - DP/FoI (part of Legal Group)
Freedom of Information Unit

show quoted sections

Dear DWP Adelphi Freedom-of-Information-Request,

Thank you for your reply. I think I need to clarify my request
(rather than make a new request). You say:

"It follows, therefore, that there can be no further reductions to
the rights of a member other than those listed in regulation 14."

From which I understand that there are reductions which are
permitted under section 13, and there are further reductions which
are permitted under regulation 14. The Pensions Regulator says:

"As well as the 1.5%, the law allows pension providers to recover
costs and charges they have to pay for certain other things."

www.thepensionsregulator.gov.uk/stakehol...

Which "other things"? I know those in regulation 14, because it is
specific. I am interested in what is included under regulation 13
which is unspecific. A contributor to a discussion refers to "a
very restricted list":

"I was involved in all of this back in the Stakeholder development
days. A very restricted list of things are specifically defined as
'expenses' which can be charged in addition to the originally 1%
now AFAIK 1.5%."

http://boards.fool.co.uk/Message.asp?mid...

Suppose a fund of a stakeholder scheme is an OEIC (such as the
Newton Balanced Fund of the Stakeholder Plan of the Legal &
General). These have expenses which are deducted outside the annual
management charge, such as "fees" to auditors and regulators. Are
these same fees reductions which are permitted under section 13?

Yours sincerely,

Stephen Wynn

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Dear Mr Wynn

Please find attached response to your query of 3rd November.

Kind regards

Central FoI Team
Department for Work & Pensions
Information and Devolution Policy - DP/FoI (part of Legal Group)
Freedom of Information Unit

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Dear DWP Adelphi Freedom-of-Information-Request,

Thank you for your response. I am not able to reply properly at
present, because I am making further enquiries. As this is only one
specific question, these enquiries should not take long, and I will
then reply.

Yours sincerely,

Stephen Wynn

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Dear DWP Adelphi Freedom-of-Information-Request,

Thank you for your reply.

I would like to ask what is the meaning of "benefits" in Regulation
13 (1)?

Yours sincerely,

Stephen Wynn

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Dear DWP Adelphi Freedom-of-Information-Request,

I thought I should clarify my previous e-mail, asking the meaning
of "benefits" in Regulation 13 (1).

This is headed “Expenses, commission etc”. Are these “benefits”?

Yours sincerely,

Stephen Wynn

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Dear Mr Wynn

Please find attached response to your FoI request.

Many thanks

Cenral FoI Team
Department for Work & Pensions
Information and Devolution Policy - DP/FoI (part of Legal Group)
Freedom of Information Unit

show quoted sections

Dear DWP Adelphi Freedom-of-Information-Request,

Thank you for your reply.

You say:

"It follows, therefore, that it could not possibly in this context,
be interpreted as referring to `expenses' or `commission'."

Then why are "expenses" and "commission" in the title of regulation
13? How do "expenses" and "commission" relate to this regulation?
They are not "reductions", because "permitted reductions" are
specified in regulation 14.

Yours sincerely,

Stephen Wynn

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Dear DWP Adelphi Freedom-of-Information-Request,

I would like to add to my message of 17th December.

"Expenses" in the title of Regulation 13 do not "result in the
provision of benefits" in the text - which seems inconsistent.

Yours sincerely,

Stephen Wynn

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Dear Mr Wynn

Thank you for your e-mail of 4 January 2009. You believe the inclusion
of the word 'expenses' in regulation 13 of The Stakeholder Pension
Schemes Regulations 2000: SI 2000/1403 is inconsistent, as it does not
result in the provision of benefits in the text of the regulation
itself.

However, regulations 13 and 14 provide for the circumstances in which
payments and credits to the stakeholder pension scheme and members'
rights under the scheme may be used for purposes other than the
provision of benefits for members. Further clarification is set out in
the 'Explanatory Note' to the regulations.

We are satisfied, therefore, that no such inconsistency exists.

Kind regards

Central FoI Team
Department for Work & Pensions
Information and Devolution Policy - DP/FoI (part of Legal Group)
Freedom of Information Unit

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Dear DWP Adelphi Freedom-of-Information-Request,

Thank you for your reply yesterday.

I asked why "expenses" and "commission" are in the heading of
Regulation 13 on 17th December, and have not received a reply. On
1st January I pointed out that this causes an inconsistency. Your
reply of 12th January does not give an explanation for this
inconsistency, nor does the Explanatory Note.

Yours sincerely,

Stephen Wynn

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Department for Work
and Pensions's handling of my FOI request 'Stakeholder Pensions -
"Deductions"'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/st...

Yours sincerely,

Stephen Wynn

This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within
the Department who will respond to you direct.

Should you also have any further queries in connection with this request
do please contact us.

For further information on the Freedom of Information Act within DWP
please click on the link below.

http://www.dwp.gov.uk/foi/

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This is an automated confirmation that your request for information has
been received at the DWP Central FoI Team.

We will forward your request to the relevant information owner within
the Department who will respond to you direct.

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do please contact us.

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Dear DWP Adelphi Freedom-of-Information-Request,

I would like to add to my e-mail of 13th January. You said in your
e-mail of 12th January:

"Regulations 13 and 14 provide for the circumstances in which
payments and credits to the stakeholder pension scheme and members'
rights under the scheme may be used for purposes other than the
provision of benefits for members."

This seems to apply only to Regulation 14, rather than 13 and 14,
because 13 (1) (d) says: "no amount representing the value of any
rights of a member under the scheme, shall be used in any way which
does not result in the provision of benefits for or in respect of
members."

Yours sincerely,

Stephen Wynn

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Dear DWP Adelphi Freedom-of-Information-Request,

I have not had a response to my request for an internal review
requested on 13th January. I understand that this should only take
up to 20 working days.

Yours sincerely,

Stephen Wynn

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Dear Mr Wynn

Please find attached response to your request below.

Kind regards

Central FoI Team.
Department for Work & Pensions
Information and Devolution Policy - DP/FoI (part of Legal Group)
Freedom of Information Unit

From: Stephen Wynn [mailto:[FOI #3703 email]]
Sent: 13 January 2009 10:15
To: DWP Adelphi Freedom-of-Information-Request
Subject: Internal review of Freedom of Information request - Stakeholder
Pensions - "Deductions"

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Department for Work
and Pensions's handling of my FOI request 'Stakeholder Pensions -
"Deductions"'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:

http://www.whatdotheyknow.com/request/st...

Yours sincerely,

Stephen Wynn

show quoted sections