Bernard Durkan (Kildare North, Fine Gael)
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Question 186: To ask the Minister for Social and Family Affairs if she will review the criteria governing eligibility for the back to education allowance with particular reference to the habitual residency clause; and if she will make a statement on the matter. [24984/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The back to education allowance (BTEA) is an educational opportunities scheme for unemployed people, lone parents and people with disabilities in receipt of particular social welfare payments. It affords them the opportunity to undertake approved second or third level courses of education to improve their skills and qualifications and, consequently, their prospects of returning to the active work force. The objective of the scheme is to enhance the employability skills of vulnerable groups who are distant from the labour market. It is paid at a standard weekly rate equivalent to the maximum personal rate of the relevant social welfare payment that qualifies the applicant for participation in the scheme. Increases for qualified adult and child dependants are also payable, where appropriate. In addition, an annual cost of education allowance of €500 is payable.

To qualify for BTEA a person must be in receipt of a primary social welfare payment which, depending on the scheme, could be subject to the habitual residence condition. 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. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the new EU Member States without the transitional limitations which were being imposed at that time by many of the other Member States. The operation of the habitual residence condition was reviewed in 2006 and a report of the review published in 2007. There are no plans to change this condition.

The current back to education scheme has been subject to review and modification over the years to ensure that it continues to support those people who are most distant from the labour market and whose need is greatest. The number of people availing of the scheme is at its highest ever level, with more than 8,800 participants in the last academic year. I am satisfied that, overall, the current arrangements applying to the back to education allowance meet the objectives of the scheme and ensure that resources are targeted at those who are most in need. Any further changes to the scheme would fall to be considered in a budgetary context and in the light of the resources available for improvements in social welfare generally.