I have a client who , entirely due to DWP errors, had a long delay in getting the proper amount of benefits paid. I am going to request compensation payments for all the bank charges and so forth that she has incurred. It has also been suggested we ask for further compensation for her emotional distress (which was protracted and considerable). The amount of the charges etc. is easy to quantify but has anyone any advice about payments for distress and inconvenience, what for example is a typical award.

I'm not sure that ex-gratia payments cover distress, etc. This would usually be covered by claims for damages in the courts.

The purpose of ex-gratia payments for actual financial loss is to restore the claimant to his/her original position as if the maldministration had not occured.

As you say the actual finacial loss is usually easy to quantify. However, in addition you can claim for any loss of interest that would have accrued on the funds and a payment can also be made to compensate a person for the loss of use of funds.

Have you looked at the maladministration guide on the DWP website. I could e-mail it to you if you like.

I've just checked. In exceptional circumstances a payment can be made for severe distress where that has had a significant impact on a person's physical or mental health.

However, these payments are rare and these kinds of cases are not usually comparable with the typical (if there is such a thing) negligence case that comes before the county court on a regular basis.

It'll be worth having a look at the DWP's guide 'A Guide to Financial Redress for Maladministration'. It gives an overview of the 'official' scheme for compensation:

http://www.dwp.gov.uk/publications/dwp/2003/frm/

In my experience, awards for distress tend to be £50, but in a recent case of mine a client was awarded £100 and in another, where the client complained themself, the award was over £200.

Don't forget the the client can always fall back on the Ombudsman who also has the power to award compensation, amongst other remedies.

thanks everyone for your responses, I ve got the guide and it is very helpful