Olivia Mitchell (Dublin South, Fine Gael)
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Question 329: To ask the Minister for Social and Family Affairs when she will publish the revised criteria for the back to education scheme; and if she will make a statement on the matter. [8709/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Since its introduction, the underlying objective of the back to education allowance (BTEA) scheme has been to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. It is a second chance educational opportunities scheme for people on welfare payments who wish to participate in full time education and who would not otherwise be able to do so.

The allowance replaces the applicant's existing social welfare income and, in addition, an annual €500 cost of education allowance is payable. Increases for qualified adult and child dependants are also payable, where appropriate. In addition, participants may continue to receive any secondary benefits to which they have been entitled.

To qualify for participation, an applicant must be in receipt of a relevant social welfare payment and be at least 21 years of age prior to commencing an approved course of study. However, lone parents and recipients of jobseeker's payments can qualify at 18 years of age provided they are out of formal education for at least 2 years.

Changes to provide for earlier access to the scheme were announced in the April 2009 supplementary budget. In general, in order to qualify for participation an applicant must now be in receipt of a relevant social welfare payment for 3 months if pursuing a second level course or 12 months if pursuing a third level course. However, a two year qualifying period applies to participants coming from Illness Benefit.

The qualifying period for access to third level courses is reduced to 9 months for those who are participating in the National Employment Action Plan process or engaging with the Department's facilitator programme. 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.

The back to education allowance has an important role to play in enhancing the employability skills of jobseeker's. The nature and structure of the scheme will continue to be monitored in the context of the objectives of the scheme and changes in the economic climate.

Joe Costello (Dublin Central, Labour)
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Question 330: To ask the Minister for Social and Family Affairs if she will clarify the policy on the habitual residency clause; the number of persons who have been refused access to welfare entitlements in each of the past five years due to this clause; and if she will make a statement on the matter. [8721/10]

Mary Hanafin (Dún Laoghaire, 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 1st May 2004, in the context of the Government's decision to open the Irish labour market to workers from the new EU Member States.

The purpose of the habitual residence condition is to safeguard the social welfare system from abuse by restricting access for people who are not economically active and who have little or no established connection with Ireland.

A person who does not satisfy the habitual residence condition is not eligible for specified social welfare payments, regardless of citizenship, nationality, immigration status or any other factor. The social welfare schemes concerned are jobseeker's allowance, one parent family payment, disability allowance, carer's allowance, widow/er's (non contributory) pension, guardian's payment (non contributory), State pension (non-contributory), blind pension, supplementary welfare allowance (except urgent or exceptional needs payments), domiciliary care allowance and child benefit.

The determination of a person's habitual residence is made in accordance with Section 246 of the Social Welfare Consolidation Act 2005, as amended by Section 30 of the Social Welfare and Pensions Act 2007 and Section 15 of the Social Welfare and Pensions (No. 2) Act 2009.

The Department's understanding of this legislation is detailed in the operational guidelines on the habitual residence condition which are published on the Department's website www.welfare.ie The legislation and the guidelines together constitute the policy on this matter.

The following table shows the numbers of claims refused on habitual residence grounds in each of the past 5 years. This does not include Supplementary Welfare Allowance as statistics on such refusals are not maintained by the various HSE areas.

John Deasy (Waterford, Fine Gael)
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Question 331: To ask the Minister for Social and Family Affairs her views that moneys available to former workers at a company (details supplied), under the EU globalisation fund, will affect the social welfare entitlement of these persons; the steps she will take to ensure that this funding is fully utilised; and if she will make a statement on the matter. [9346/10]

Jan O'Sullivan (Limerick East, Labour)
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Question 375: To ask the Minister for Social and Family Affairs the position regarding the uncertainty surrounding the rights of applicants for the EU globalisation fund of former workers in a company (details supplied) and ancillary companies to retain their social welfare entitlements and to not have them affected by their use of the fund; and if she will make a statement on the matter. [8878/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 331 and 375 together.

The European Globalisation Adjustment Fund (EGF) exists to support workers who lose their jobs as a result of changing global trade patterns or the global economic and financial crisis so that they can be prepared to find another job as quickly as possible. Strict eligibility criteria apply subject to which Member States may make an application for assistance under the EGF. Under the operational terms 65% of expenditure on active labour market interventions can be reclaimed by the Exchequer where a sustainable case is made to and approved by the EU budgetary authorities.

An application was made by Ireland, and recently approved by EU, in the context of the DELL redundancies in Raheen, Co. Limerick. It is estimated that up to 2,900 workers are involved when qualifying downstream companies affected by this closure are included and a combined total of €22.8 million is available, between EU and Government funding, to provide complementary retraining, upskilling, entrepreneurial supports and educational opportunities for the relevant workers.

The Department of Enterprise, Trade & Employment is the responsible authority for making EGF applications and drawing down EU funding and FÁS is centrally involved at regional level in co-ordinating programmes of interventions and will also deliver appropriate training courses under their remit. Additionally, representatives of former workers will also be involved in the steering committee which FAS is establishing and will have an advisory role therein in relation to the implementation process.

The allocated funding will be available for spending until September 2011. Under the terms associated with the EGF, it is not envisaged in general that any monies from the fund will be paid directly to former workers and, therefore, the question of such monies affecting the social welfare entitlements of the former workers does not arise. Funding is being channelled through the relevant State agencies and educational institutions to deliver the require supports to eligible redundant workers.

Though the full programme of complementary measures and courses is still being finalised, former workers wishing to pursue courses of study, established within the auspices of the EGF, will be entitled to apply to my Department for access to the Back-to-Education Allowance (Second or Third Level) in respect of attendance at qualifying courses. In addition, former workers who wish to pursue qualifying courses that are organised on the basis of part-time attendance may apply, under the Part-time Education Option, to continue to receive their Jobseeker's payments, for the duration of their underlying entitlement, whilst studying on a part-time basis.