Jack Wall (Kildare South, Labour)
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Question 354: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Kildare is not allowed the back-to-school clothing and footwear scheme allowance; and if he will make a statement on the matter. [26281/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The back-to-school clothing and footwear allowance scheme, BSCFA, is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has any function regarding decisions on individual claims. A person may qualify for payment of a back-to-school clothing and footwear allowance if he or she is in receipt of a social welfare or health board payment, or is participating in an approved employment scheme or attending a recognised education or training course, and has household income at or below specified levels.

The executive has advised that it disallowed an application by the person concerned for a back-to-school clothing and footwear allowance as her household income, including one-parent family payment and FÁS allowance, was above the limit for entitlement. The executive has notified her of this decision. The person concerned had not previously informed either the HSE or this Department of her full income. Consequently, she was overpaid rent supplement and one-parent family payment. These matters are now being examined by the Department and the HSE.

Seán Crowe (Dublin South West, Sinn Fein)
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Question 356: To ask the Minister for Social and Family Affairs the reason his Department has refused to accept a person (details supplied) as a candidate for the back-to-education allowance; if he accepts the fact that this person suffers from clinical depression and has recently been diagnosed with a form of autism, and who has now had his unemployment benefit cut until he produces a letter from the college to say he will not now be attending, and fulfils the exceptional circumstances criteria referred to above; and the reasons this person's circumstances do not meet the exceptional circumstances criteria. [26359/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The back-to-education allowance is a second-chance education opportunities programme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active workforce. Since the scheme was first introduced, its primary focus has been towards people who most need additional training or qualifications to gain a foothold in the labour market. People with a primary degree are already in possession of a third level qualification and their academic qualifications should impact positively on their employment prospects. Furthermore, the scheme was never intended to be an alternative form of funding for people entering or re-entering the third level education system.

The person concerned, who holds a primary degree in computer science, obtained in 2003, applied for participation in the back-to-education allowance scheme in order to pursue a further degree in social science. The application was refused on the grounds that the person concerned has already achieved a high level of academic attainment.

When determining if exceptional circumstances pertain in similar cases, consideration is given to the length of time since the person obtained the first primary degree and the efforts made to find employment with the third level qualification already held. In this instance, a review of the decision was carried out but, following a re-examination of the case, the original decision was upheld.