Dinny McGinley (Donegal South West, Fine Gael)
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Question 296: To ask the Minister for Social and Family Affairs if a master's degree is covered under the back to education allowance; if not, her plans to amend the regulations in view of the number of persons with primary degrees who are finding it impossible to find employment; and if she will make a statement on the matter. [32429/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The objective of the back to education allowance scheme is to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. The scheme covers courses of education from second level to Higher Diploma level in any discipline (level 8 in National Framework of Qualifications (NFQ)) and to a Graduate Diploma in Education (Primary and Secondary Teaching, level 9 in NFQ) which add significantly to a person's employability. Other postgraduate qualifications (level 9 or level 10) are not included.

The possession of qualifications at level 9 or above in the NFQ is not regarded as a prerequisite to re-entering the workforce and at present there are no plans to extend the scheme to cover courses at this level. A small number of cases have arisen where a college has granted an exemption from the requirement to hold a primary degree and has admitted a person to a Master's course on the basis of relevant life experience. In the context of the ongoing review of the operation of the scheme, it has been decided to extend entitlement to BTEA in these instances on an exceptional basis.

The focus of the back to education allowance is on providing assistance to the highest possible number of those in greatest need in terms of meeting the requirements of a modern labour market. People in possession of a third level qualification have already achieved a high level of academic attainment which should impact positively on their employment prospects. At present there are no plans to extend the scheme to cover Master's courses in general. The scheme will continue to be monitored in the light of the changed economic circumstance in order to ensure that it continues to meet its objectives.

Brian O'Shea (Waterford, Labour)
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Question 297: To ask the Minister for Social and Family Affairs the proposals she has to abolish treatment benefit such as dental, optical and aural in the case of a practice in County Waterford (details supplied); and if she will make a statement on the matter. [32486/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The proposals contained in the report of the Special Group on Public Service Numbers and Expenditure Programmes (McCarthy report) including the proposal therein in relation to the future of the Treatment Benefit Scheme will be considered in the context of the forthcoming Estimates and Budget processes and in the light of available resources. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 298: To ask the Minister for Social and Family Affairs her plans to review the habitual residency condition for the carer's allowance; the number of applications considered under the habitual residency condition in the past 12 months; the number refused; and if she will make a statement on the matter. [32490/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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A review of the operation of the habitual residency condition (HRC) was published by the Department in February 2007. I have no plans to further review the application of the habitual residence condition at this time.

All applicants for carer's allowance, regardless of nationality, are required to be habitually resident in the State in order to qualify. This is in line with other social assistance payments. 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 criteria to be applied in determining whether or not a person is habitually resident. 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 of each case. The habitual residence condition helps protect Ireland's social welfare system, while at the same time ensuring that those whose cases are appropriate to the system have access to it when they need it. Any applicant who disagrees with the decision of a Deciding Officer has the right to appeal to the Social Welfare Appeals Office.

The statistics below cover the period 21/09/2008 to 21/09/2009.