Michael D Higgins (Galway West, Labour)
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Question 940: To ask the Minister for Social and Family Affairs her views on the two year limit on illness benefit payable to people with 260 contributions as it impacts in general terms as well as in the specific case of a person (details supplied). [1116/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Illness Benefit (formerly know as Disability Benefit) is an income support payment for people of working age who are unable to work due to illness and who satisfy certain social insurance conditions. The scheme was intended to provide income replacement for insured persons during short spells of incapacity or illness, while other payments are available to people who are unable to work long-term because of a disability or a medical condition.

Prior to the recent introduction of changes provided for in the Social Welfare (Miscellaneous Provisions) Act 2008, there was no limit on the amount of time for which Illness Benefit could be paid to people who had more than 260 social insurance contributions. A recently published OECD review entitled "Sickness, Disability and Work: breaking the Barriers" noted that paying illness or sickness benefit without a time limitation was very unusual across the OECD, and pointed to the risk that people in such circumstances will never return to the labour market.

Against that background, recent legislation provides that entitlement to Illness Benefit will be limited to two years (or 624 days) duration for claims arising after the 5th January, 2009. The person concerned has been in receipt of Illness Benefit since April 2008. As the new arrangements apply only to claims arising after the 5th January, 2009, his current claim will not be affected in any way.

Richard Bruton (Dublin North Central, Fine Gael)
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Question 941: To ask the Minister for Social and Family Affairs if she has support to offer to a person who lost their job over the summer and has enrolled in a further education course; and if in view of the present crisis, rules will be relaxed in terms of waiting periods and parental dependancy to allow such persons take up the best option with the lowest ultimate cost to the State. [1152/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The principal social welfare payments available to an unemployed person are jobseeker's benefit and jobseeker's allowance. To qualify a person must satisfy certain conditions set out in legislation, including, that the person is unemployed, is capable of work, is available for work and is genuinely seeking work. The Department also offers a range of education and employment supports designed to assist and facilitate these and other people on social welfare payments on a long term basis to return to the active labour force. The back to education allowance (BTEA) is the main education support scheme.

BTEA is designed to encourage eligible people to improve their skills and qualifications and, therefore, their prospects of returning to work. To qualify for the back to education allowance an applicant must be in receipt of a relevant social welfare payment for a minimum period. The requirement to be in receipt of a relevant social welfare payment for a minimum period is considered necessary to ensure that limited resources are directed at those most in need. People who are not in receipt of a welfare payment or who have been unemployed for a short time are not the main focus of the scheme.

In general, an applicant must be at least 21 years of age prior to commencing an approved course of study and must be in receipt of a relevant social welfare payment for 6 months if pursuing a second level course or 12 months if pursuing a third level course. However, lone parents and persons in receipt of unemployment payments can qualify at 18 years of age provided they are out of formal education for at least 2 years. People who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study.

In addition, the 12 month qualifying period has been reduced to 9 months for persons who are participating in the National Employment Action Plan (NEAP) process, where a FÁS Employment Services Officer recommends pursuance of a third level course of study as essential to the enhancement of the individual's employment prospects.

The operation of the Department's employment support measures, in the context of labour market conditions, is continually monitored to ensure it continues to support those people who are most distant from the labour market and whose need is greatest.