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Policy 16 - Ex-Gratia Payments

Type of document: Policies

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Published: June 9, 2022

Version: 2.0
Date Reviewed: 31 March 2021
Next Review: 31 March 2022

1.0 Background

ILFS can make ex-gratia payments to a person who has experienced financial loss, gross inconvenience or gross embarrassment caused by maladministration and/or excessive and unwarranted delay on the part of ILF Scotland.

The Directory of Policy oversees all complaints. If ILF Scotland has failed to meet the high standards it sets and expects of our organisation, we will apologise and consider what action we can take to redress the complaint.

If we believe that the events leading to a complaint have had a significant negative impact of the complainant, an apology may be insufficient on its own and ILF Scotland may consider making an ex-gratia payment.

2.0  Policy

Any ex-gratia payment will be regarded as being exceptional.

To consider an ex-gratia payment, ILF Scotland will require full details of the customer’s complaint.

ILF Scotland can make an ex-gratia payment from £25 to £300 per person in respect of an individual complaint. ILF Scotland will not exceed a financial limit of £300 per person in any Financial Year.

2.1   Financial Loss

Financial loss applies to cases where maladministration and/or excessive and unwarranted delay on the part of ILF Scotland has resulted directly in a customer / recipient incurring additional expenditure or loss of income that would not have been incurred otherwise. For example, where a delay in the payment of ILF Scotland payments result in bank charges and/or fees.

2.2  Gross Inconvenience or Gross Embarrassment

ILF Scotland can consider, in very exceptional circumstances, making an ex- gratia payment where maladministration and/or excessive and unwarranted delay on the part of ILF Scotland has had an adverse effect on the life of the customer / recipient.

3.0 Process

The Director of Policy will make any decision regarding paying an ex-gratia payment. Any appeal against a decision not to make an ex-gratia payment or about the amount of the ex-gratia payment offered, will be heard ILF Scotland’s Chief Executive Officer.

4.0 Cross References

Complaints procedure Policy 13 Decision Review

5.0 History Date Reviewed

1 July 2015

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