If he has paid his own money into an account on the understanding that it is to be used for his own benefit in some way (i.e. he has not gifted the money to his sister), he would retain a beneficial interest - I would say that the money in the account is not his sister's alone - if they have both contributed to the account, they will have a joint beneficial interest in it, and he will be treated as having 50% share under reg 23 of the SPC Regs. Whether there is anything relating to the law of the other country where the funds are/were held that affects this I don't know. If there is a prohibition in that country against transfer of funds to the UK, the value is the amount a willing buyer in the UK would pay for the share (likely to be minimal) less 10% if expenses of sale. If the money has gone, and he didn't have anything to do with its disposal, I can't see the Pensions Service taking anything into account
(Brian)
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