Dáil Éireann Debate, Thursday - 30 June 2022
219. Deputy Claire Kerrane asked the Minister for Social Protection the social welfare schemes in respect of which payment rates and rules may be adjusted by way of ministerial order and those requiring amendments to primary legislation, respectively, in tabular form; and the number of recipients and annual spend on each of the schemes. [35172/22]
View answerAs the Deputy will be aware, most social welfare payment rates are provided for, and set out in, primary legislation. These statutorily defined schemes account for the vast majority of programme expenditure in my Department. Changes to payment rates on these schemes are provided for by legislative change. This approach acknowledges that it is proper that changes to rates that are set out in legislation passed by the Oireachtas, and affecting many people on an ongoing basis, should be subject to scrutiny by the Oireachtas. In particular, it allows for parliamentary debate as the annual Budget Bill progresses through the Houses of the Oireachtas.
There is, however, provision for some rates to be changed by Ministerial order. Section 292 of the Social Welfare Consolidation Act 2005 allows the Minister (with the consent of the Minister for Public Expenditure and Reform) to make regulations that vary rates of benefit. This mechanism is used only for temporary changes. It is the mechanism, for example, that is used for payment of the once-off Christmas bonus.
There are also a small number of administrative schemes that are operated by my Department. These include Fuel Allowance, Back to Work Enterprise Allowance, Back to Education Allowance, and Part-Time Job Incentive Scheme.
A list of social welfare payments and their corresponding legislative basis is set out in the link. Also included are the number of recipients and the provisional expenditure on each of the schemes in 2021.
