Kevin Humphreys (Dublin South East, Labour)
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91. To ask the Minister for Social Protection further to Parliamentary Question No. 84 of 30 January 2014, the number of schemes and payments in her Department that are paid out with non-statutory rules and guidance not based in primary legislation as she recently indicated applied for back to education allowance; and if she will make a statement on the matter. [5807/14]

Joan Burton (Dublin West, Labour)
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The table lists the various social welfare schemes and payments that are provided for on a statutory basis and on a non-statutory basis. In general, the weekly income replacement payments, such as State pensions, illness and disability benefits, jobseekers payments etc., are provided for on a statutory basis. However, other schemes which provide a variety of services free of charge or at reduced rates, e.g. free travel, household benefits package, require more flexibility in their operation and are considered best provided for by way of administrative guidelines, rather than in primary legislation.

In addition, the Department operates a range of schemes and services which provide opportunities and incentives for jobseekers and other social welfare recipients to take up education, training and employment opportunities. Access to these types of opportunities is not automatic. For instance, in order to avail of a Community Employment scheme there would need to be such a scheme in operation in the person’s locality, a place would need to be available on such a scheme and the person would also be required to attend an interview in order to assess his or her suitability for participating in such a scheme.

By their nature therefore, these types of courses and programmes require a lot of flexibility in their operation and they are also considered best provided for by way of administrative guidelines, rather than in primary legislation.