Séamus Brennan (Dublin South, Fianna Fail)

The number involved is more than 5,000. A total of 172 added their names to the application to the High Court and the case of one person was adjudicated on. I, therefore, must be a little circumspect before I rush into making back payments or compensation payments, particularly when legal issues pertain.

I have an open mind about paying participants on the scheme during the summer and I will examine this issue. Participants are entitled to claim unemployment assistance and unemployment benefit during the summer if they are unable to find work and they may also claim that they need to study during the summer.

We made substantial changes to the scheme. In the 2005 budget, the Department reduced from 15 to 12 months, effective from the beginning of the 2005-06 academic year, the qualifying period for persons wishing to pursue a third level course. I made a further improvement in the scheme from 1 September 2005 in that the qualifying period for access to third level option was reduced further to nine months, which will help. I acknowledge the role of the Joint Committee on Social and Family Affairs, which pressed hard on this. In the 2006 budget, I announced that periods spent in receipt of supplementary welfare allowance or direct provision by homeless persons or persons awaiting refugee status will count towards the qualifying period for access to the back to education allowance.

I await further advice from the Attorney General and I have outlined my position on an appeal. I need to be circumspect and careful regarding back payments and I must heed legal advice before I can take a policy view, not because of the individuals involved but because of the potential ramifications for other schemes. I will approach this with an open mind. I will also listen to Members on the issue of reverting to pay participants on the scheme during the summer. They are entitled to claim unemployment assistance and unemployment benefit unless they need to study during the summer. It is a funding issue. If I have a few million euro available, should I divert it into this scheme or should I use it for the carer's allowance scheme or another scheme?

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