5. Disruption of supply
Suppliers may be liable to pay compensation for any disruption in the supply of electricity or gas. Such disruption can arise in many ways such as severe weather, equipment failure and vandalism. Generators and distributors are also under a duty to avoid interferences and interruptions of supply caused by insufficient clearance between overhead lines and trees or other vegetation.1Reg 20A ESQC Regs Various options are open to you if you suffer a loss of power, including a claim for compensation under the Electricity (Standards of Performance) Regulations 2015 or a civil action for damages through the courts. In many cases, the claim lies against the electricity distribution network operator (DNO).2Regs 4-10 E(SP) Regs DNOs have to meet guaranteed standards of performance for restoring supplies to customers. The basic principle is that a payment is paid where a supply to your home is interrupted as a result of a failure or fault in or damage to a distributor’s system and not restored within a set time period. Further payments are payable for each subsequent 12-hour period in which power is not restored.
If your electricity supply fails during normal weather conditions because of a problem with the distribution system, the DNO should restore it within 18 hours of becoming aware of the problem. If the DNO fails to do so and you make a valid claim within three months, you are entitled to £75 and a further £35 for each additional 12 hours you are without supply.3Reg 5(2)(a) and (b) and Sch 2 E(SP) Regs A longer period applies for larger scale interruptions of power, affecting large numbers of customers. If the incident involves 5,000 customers or more, the DNO is required to restore supply within 24 hours. If the DNO fails to do so and you make a valid claim, you are entitled to £75 and a further payment of £35 for each additional 12-hour period that you are off supply up to a maximum of £300.4Reg 6(2) and Sch 2 E(SP) Regs If your electricity supply fails because of a problem on the distribution system due to severe weather, generally, if a supply is not restored within 24 hours, you are entitled to £70 and a further £70 for each additional 12 hours you are without supply up to a maximum payment of £700.5Reg 7 and Sch 2 E(SP) Regs The scheme does not apply to an island where the supply is provided via a line situated on or under the seabed.6Reg 9(3) E(SP) Regs Ofgem will look into cases of power cuts.
A claim can be started by writing directly to the supplier with details of the disruption to supply. The letter is the key document to begin the process and should set out details of the dates and times when the loss of power occurred (so far as it can be identified) and any particular consequences it has had on members of the household concerned. A reasonable time limit of 14 days should be given to the supplier to respond. Contact Ofgem about a claim for sums payable under the regulations arising from disruption of supply if the company concerned has already offered a payment, particularly if the payment (known as an ex gratia payment) is lower than the sum suggested by the regulations. Equally, amounts may be higher where there has been special damage which has arisen from the loss of power.