Bernard Durkan (Kildare North, Fine Gael)
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Question 384: To ask the Minister for Social Protection if she will review or refer to appeal the decision to disallow back to education allowance in respect of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [36497/12]

Joan Burton (Dublin West, Labour)
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The eligibility criteria for participation in the back to education allowance scheme (BTEA) require a person to be in receipt of illness benefit for at least two years prior to commencement of an approved course of study. The person in question is in receipt of illness benefit since 31 December, 2010. However, if a person fails to satisfy the two year requirement on illness benefit, periods spent on other qualifying social welfare claims can be used to make up the two year qualifying period provided that at least 50% of the two years is spent on illness benefit.

The person in question will not qualify for BTEA based on their current social welfare record.

A person in receipt of illness benefit can pursue a course of study while receiving payment without recourse to BTEA if it is medically certified that pursuit of the course will not impede his or her recovery.

The person concerned has made an application for disability allowance which is currently pending a decision. A decision on back to education cannot be determined until such time as his entitlement to disability allowance is established. If awarded disability allowance, time spent on illness benefit may counts towards the eligibility period for BTEA.