Guide to Maladministration in DWP cases

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Guide to Financial Redress for Maladministration

Introduction

About this guide

1 The guide sets out the approach to be taken when considering remedies for justified complaints. It describes the special payments scheme operated by the Department for Work and Pensions (DWP) and provides advice on the consideration of financial redress in respect of maladministration. The guide provides

• examples of what constitutes maladministration and sets a context in which to consider official error
• the circumstances when financial redress should be considered and
• the redress that will be appropriate for each type of case.

Defective legislation - extra-statutory payments not covered by this special payments scheme

2 The guide does not cover the extra-statutory payments made where, for example because of official oversight, current legislation does not provide for payment as intended by Ministers. It is for the relevant policy and operational teams to determine whether extra-statutory payments should be made pending legislative change and to obtain the necessary authority from HM Treasury to make such payments (see Annex A).
Discretionary nature of the special payments scheme

8 Ex gratia special payments are described in “Government Accounting” as `payments which go beyond administrative rules or for which there is no statutory cover or legal liability'. As Parliament does not include provision for special payments when voting money or passing specific legislation, there is no legal liability to make such payments. Due to their exceptional nature, the payments are made on a discretionary extra-statutory or ex gratia basis.
Taking complaints further

9 As special payments are not covered by statute, the customer has no right of appeal against a refusal to make such a payment. Customers may, however, ask the Department to look again at a rejected request, for example, in the light of new evidence or may make a complaint about the level of an award of compensation.

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