DWP - Resource centre - Policy and strategy publications - Guide to Financial Redress for Maladministration

Guide to Financial Redress for Maladministration

Annex A: Extra-statutory payments

The present guide deals only with extra-statutory payments that may arise from Departmental maladministration, categorised here as loss of statutory entitlement (see paragraphs 43-51). There are other circumstances in which extra-statutory payments can be made but they are not categorised as special payments and are outside the provisions of this guide. The following is provided for information and describes circumstances in which other forms of extra-statutory payment could be made.

Defective legislation

These payments are considered to be within the broad intention of the statute or statutory regulation, but go beyond a strict interpretation of its terms.

Pending legislative change, extra-statutory payments can be made with permission from HM Treasury.

Examples
Extra-statutory payments may be considered when: a previously unrecognised defect in legislation means that a group of customers are unable to receive a benefit it was intended they should receive; or a group of customers were unintentionally excluded from legislation.

Examples

Extra-statutory payments may be considered when:

a previously unrecognised defect in legislation means that a group of customers are unable to receive a benefit it was intended they should receive; or
a group of customers were unintentionally excluded from legislation.

Such cases should be referred to the relevant policy and operational sections for consideration. However, it is important that DWP Viewpoint is involved in discussions at an early stage where such payments are being considered.

Back | Contents | Next