Brendan Howlin (Wexford, Labour)
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Question 86: To ask the Minister for Social and Family Affairs the number of persons from EU countries that joined the community in 2004 who have applied for and received unemployment benefit or assistance since May 2004; his views on whether these figures show the fears of welfare tourism that were expressed at the time were unfounded; and if he will make a statement on the matter. [37209/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The basis for the restriction contained in the rules is the applicant's habitual residence. The effect is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland. The question of what is a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims.

Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the Social Welfare Appeals Office. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when in need.

A total of 1,942 claims for unemployment assistance from nationals from the ten new EU states have been decided since 1 May 2004. To put that in perspective, nearly 160,000 personal public service, PPS, numbers were issued to nationals of the new member states in that period. As of 18 November 2005 the number of people from the new member states on the live register was 1,329. Of these, 789 were claiming unemployment assistance, 514 unemployment benefit and 26 PRSI credits only. A total of 462 of the 1,329 were awaiting decisions on unemployment assistance claims and 173 were awaiting decisions on unemployment benefit claims.

This data does not support a view that welfare tourism is a problem. However, in introducing a habitual residence condition, the Government wished to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when in need. A review of the condition is ongoing at present within my Department and will be available to shortly, at which stage I will consider what, if any, changes might be made in light of experience to date.

Arthur Morgan (Louth, Sinn Fein)
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Question 88: To ask the Minister for Social and Family Affairs the reason the third level allowance is dependent on having been in receipt of social welfare for nine months. [37301/05]

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 work force. The conditions for entitlement to the third level option of the back to education allowance scheme were revised with effect from 1 September 2004. From that date, the qualifying period was increased from six months to 15 months for new applicants intending to commence third level courses of study.

As the Deputy is aware, I reduced the qualifying period for access to the third level option of the scheme to 12 months in the last budget. I also increased the annual cost of education allowance, paid to people on BTEA, from €254 to €400. These changes came into effect on 1 September 2005. Following an undertaking to the Dáil and the social affairs committee, I have further reduced the qualifying period for access to the third level option to nine months. This condition applies to persons who are participating in the national employment action plan, NEAP, process and where a FÁS employment services officer recommends pursuance of a third level course of study as essential to the enhancement of the individuals employment prospects. This new condition also came into effect from 1 September 2005.

The BTEA scheme was always intended to benefit people who had difficulty finding employment because of a lack of education qualifications. In many cases, people who have not completed second level education are held back in their efforts to obtain employment. The qualification period for people who wish to pursue second level education has remained at six months and the numbers taking second level education with the support of BTEA are increasing. The requirement to be in receipt of a relevant social welfare payment for a minimum period of time has always been a feature of the back to education allowance scheme and is considered necessary in order to ensure that limited resources are targeted at those who are most in need of second chance education. The scheme is intended to assist people with a history of long-term dependence on social welfare and is recognition of the special difficulties which such persons can face when attempting to equip themselves for the modern labour force.