Bernard Durkan (Kildare North, Fine Gael)
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Question 400: To ask the Minister for Social Protection the number of cases on appeal for back to education allowance; the longest period recorded for such appeals to be determined to date in 2010; and if he will make a statement on the matter. [40292/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Decisions on statutory social welfare schemes are made by statutorily appointed Deciding Officers of my Department. Where a customer is dissatisfied with a decision made by a Deciding Officer, s/he has a statutory right of appeal to the Social Welfare Appeals Office.

In addition to statutory schemes a number of non-statutory schemes are operated by my Department. Decisions are made by Officers of my Department based on published guidelines (available on my Department's website www.welfare.ie) setting out the conditions of entitlement. The back to education scheme is a non-statutory stand alone scheme. Such decisions cannot be appealed to the Social Welfare Appeals Office. However, the claimant may seek a full and fresh review of the case by an officer in my Department at a higher level if s/he is dissatisfied with the decision made enclosing any new evidence in support of the review.

Applicants for the back to education scheme are already in receipt of another social welfare payment before a decision is made on their entitlement. The back to education allowance claims are not recorded as a separate scheme until the person transfers from their primary payment. Accordingly, the number of applications refused and seeking review is not available.