UT (Tax & Chancery) UT/2023/000103 - [2025] UKUT 00102 (TCC)

Section 160 is headed “Payments by registered pension schemes”, and it includes the following provisions (italics in original):

“(3)

The only payments which a registered pension scheme that is an occupational pension scheme is authorised to make to or in respect of a person who is or has been a sponsoring employer are those specified in section 175.

(4)

In this Part “unauthorised employer payment” means—

(a)

a payment by a registered pension scheme that is an occupational pension scheme, to or in respect of a person who is or has been a sponsoring employer, which is not authorised by section 175…”

It was common ground that the Employers were the sponsoring employers of their SSASs and that the SSASs were occupational pension schemes.

Section 161 is headed “Meaning of payment etc” and subsection (2) provides that “‘payment’ includes a transfer of assets and any other transfer of money’s worth.”

Section 175 is headed “Authorised employer payments”. It lists the only payments which a registered pension scheme is authorised to make “to or in respect of a person who is or has been a sponsoring employer”. Of these, the ones relevant to this appeal are “authorised employer loans” and “scheme administration employer payments”.