Anyone who doesn't receive their benefit payments on the expected date over Christmas may be able to get compensation if they complain about the delay (Image: Getty Images/iStockphoto)

DWP benefit claimants could get up to £500 compensation if hit by Christmas payment delays

Payment dates have changed for Christmas and some people have said they haven't yet had the cash in their accounts

by · Birmingham Live

People who have not received DWP benefit payments they were expecting before the Christmas bank holidays may be able to get compensation. Advisors say that anyone who has been left without money can put in a complaint and could be offered a payout of up to £500 on top of the benefits they are already due.

A number of people on BirminghamLive's Cost of Living page have been reporting they did not receive payments that should by now have appeared in bank accounts. Any Universal Credit payments due on December 23, 24, 25 and 26 should have gone in on Friday, December 22, and any other DWP benefit payments due on December 25, 26 and 27 should also go in on December 22. Note that Universal Credit due on December 27 is set to be paid on that day, though banks offering early payment options can credit accounts on the nearest working day beforehand.

Some claimants could be mistaken about when their particular payments are arriving and others may have had the cash later because banking systems were overloaded when dealing with several days' worth of account credits all on one date. For anyone who has been caught up in a delay and left without money over Christmas, here's what you can do about it.

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Citizens Advice has some useful guidance on benefit payments and making a complaint. It says: "If you are being paid by direct payment and there is a mistake or delay because the bank, building society or post office have made an error or been inefficient, you should ask them to put it right. If the problem is still not resolved you should make a complaint.

"If the error or poor service is because of a problem at the Department for Work and Pensions (DWP), the local authority or HM Revenue and Customs (HMRC), complain to the office responsible for making the payment. If the error or inefficiency means you suffer financial loss, you may be able to get compensation."

The advice service says you can get compensation from your benefit provider if you've lost money because of a very long delay or bad service. It adds: "You might also be able to get an extra amount on top to make up for the trouble or distress they caused you. If you're complaining to the Department for Work and Pensions (DWP), the extra amount is usually between £25 and £500. Ask for the compensation you think would be fair in your complaint."

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DWP guidance says it is classed as 'official error' when "a benefit has been paid incorrectly due to inaction, delay or mistaken assessment by the DWP, a local authority or HMRC."

Guidance on GOV.UK states: "Unfortunately, we don't always get things right first time. The term maladministration is not defined, but is sometimes used to describe when our actions or inactions result in a customer experiencing a service which does not match our aims or the commitments we have given. It applies to situations in which we have not acted properly or provided a poor service. For example: wrong advice, discourtesy, mistakes and delays."

It says special payments can be made if an individual has suffered additional costs or losses as a direct result of maladministration. The amount is calculated by looking at how much the person has lost (evidence is usually required) or what extra costs they have incurred. The emphasis is on "trying to restore the individual to the position they would have been in had maladministration not occurred."

An additional amount can be included to recognise a significant delay in paying benefits and if people have also suffered injustice or hardship as a result of the error, a "consolatory payment" can be paid. This usually ranges between £50 and £500, the guidance says, although lower or higher amounts can be given depending on the individual circumstances.

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