Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 461: To ask the Minister for Social and Family Affairs if she will examine the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [37331/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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In order to qualify for a State Pension (Transition) at age 65, a person must be retired from work and have a minimum yearly average of at least 24 reckonable social insurance contributions from their commencement of insurable employment up to the end of the tax year prior to their 65th birthday. A claim for State Pension (Transition) was received from the person concerned on 29 June 2009. He does not qualify for a State Pension (Transition) under his Irish social insurance record as he only has a yearly average of 22 reckonable contributions. The person concerned was informed of this decision on 23 July 2009.

Under European Union regulations the insurance records of other member states can be combined with an Irish social insurance record to give entitlement to a proportional or pro-rata pension. As the person concerned worked in England, a copy of his UK social insurance record was requested from the UK authorities on 23 July 2009. A reminder has issued to the UK authorities. On receipt of his UK social insurance record, his entitlement to a pro-rata pension will be examined. The customer will be informed of the outcome.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 462: To ask the Minister for Social and Family Affairs if she will examine the case of a person (details supplied) in County Kildare who has been awarded a reduced disability allowance; if it is appropriate to consider their private pension as means, in view of the fact that they have not reached pension age, and the fact that they do not intend to retire at this time; and if she will make a statement on the matter. [37332/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Disability Allowance is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to both a medical examination and a means test. The weekly rate of Disability Allowance payment depends on the amount of weekly means assessed. The legislative provisions regarding Disability Allowance state that means will be assessed from all income, which the claimant or claimant's spouse may reasonably expect to receive during the year following the date of their claim with certain exceptions. Income derived from capital assets, such as savings, is not included in these exceptions, and accordingly is assessable as means for Disability Allowance purposes.

The person concerned applied for Disability Allowance on 31 March 2009. The claim was assessed by a Medical Assessor and the applicant was deemed medically suitable for Disability Allowance. In order to assess the person's means he was interviewed by a Social Welfare Inspector on 20 May 2009 and was asked to furnish certain documents. At time of interview the person concerned asked for his claim to be considered from 20 January 2009 the date his illness began. Following the report of the Social Welfare Inspector the person concerned was assessed with weekly means of €122.00 from capital derived as follows:

Total Capital = €93,187.40

Up to €50,000 disregarded = €43,187.40

€10,000.00 @ €1 per €1,000 € 10.00

€10,000.00 @ €2 per €1,000 € 20.00

€23,187.40 @ €4 per €1,000 € 92.00

Weekly Means €122.00

The applicant has two pension plans which comprise of €91,007 of the capital and as both these plans can be cashed by him as he is over 60 the money is assessable as means.

On 19 August 2009 the person concerned was awarded a reduced personal weekly rate of Disability Allowance of €84.30 with effect from 21 January 2009. This is the appropriate rate based on the means assessed. He was also awarded a Fuel Allowance of €20.00 (payable for the fuel season 32 weeks from September 2009 to May 2010) and a Living Alone weekly allowance of €7.70, bringing his total weekly payment is €112. A letter issued to the person concerned when the claim was awarded advising him of this decision and of his right of appeal to the independent Social Welfare Appeals Office. This Parliamentary Question has now been accepted as a request for an appeal of this decision on the person's behalf. The Social Welfare Appeals Office will be in direct contact with the person concerned in due course.

Darragh O'Brien (Dublin North, Fianna Fail)
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Question 463: To ask the Minister for Social and Family Affairs if she will assist a person (details supplied) in County Dublin who is seeking a back to education allowance; and if she will make a statement on the matter. [37358/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned made a claim for Jobseeker's Allowance (JA) on 5 January 2009 at Coolock Local Office. The JA claim was awarded and paid for 203 days to 15 September 2009. His JA claim was suspended on 17 September 2009 as he has not signed since then. The person advised the Local Office that he was moving to London. The person applied for a Back to Education Allowance, Third Level Option to attend London Metropolitan University to study for a degree in Musical Instruments. Full-time undergraduate courses in the United Kingdom and other European Union countries which are recognised for Higher Education Grant purposes may also be considered for the Back to Education Allowance (BTEA). This course is recognised for Higher Education Grant purposes, and may be considered for BTEA.

To qualify for the Back to Education Allowance, Third Level Option (TLO) certain qualifying conditions have to be satisfied immediately prior to the commencement of the first year of the course: a) The person must be at least 21 years of age and

b) Be in receipt of Jobseeker's Allowance or Benefit (or certain other payments) for at least 12 months (312 days) for TLO.

c) TLO may be approved at 9 months (234 days), if the person is a participant in the Employment Activation Programme or if the course is approved by the local Facilitator.

The application for Back to Education Allowance in the 2009/2010 year was refused as the person had only been paid for 203 days and therefore did not meet the qualifying criteria.