Kevin Humphreys (Dublin South East, Labour)
Link to this: Individually | In context | Oireachtas source

90. To ask the Minister for Social Protection further to Parliamentary Question No. 84 of 30 January 2014, if she will outline exactly where in primary legislation the back to education allowance is provided for; if she will provide a copy of the secondary legislation, statutory instrument or directive that provides for the rules and regulations that apply to its administration; if she will provide a copy of the non-statutory rules and guidance that applies; the basis these rules have in law; if she will specifically address the reason a person (details supplied) was told that they could take a break from a course and the BTEA they were receiving and resume in another semester by a social welfare office; if she will intervene to ensure this person receives the allowance that officials in her Department previously told them they were entitled to; if she will provide any examples of advisory leaflets or publicity material on the BTEA that outlines the semester issue highlighted here; and if she will make a statement on the matter. [5806/14]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context | Oireachtas source

Schemes, such as the back to education allowance (BTEA), are introduced under powers conferred on the Minister for Social Protection under the Social Welfare Acts to provide and fund a range of support programmes and schemes for people in receipt of a certain social welfare payments. The rules applying to BTEA are not contained in primary or secondary legislation but in operational guidelines prepared by the Department and sanctioned by the Department of Public Expenditure and Reform. The guidelines for BTEA are published and available on the Department’s website – www.welfare.ie.

The reason the person detailed was not approved for BTEA is that a single semester is not considered to be full-time education as set in the operational guidelines. The person in question received BTEA for two and a half academic years until she ceased her course of study in early 2013. The general advice given to customers in such circumstances, i.e. if they cease to continue with a course of study and then wish to resume that course of study at a later date, is that BTEA can only be restored for a full-time course of study supported by a letter furnished by a third level institution confirming the circumstances and the customer’s registration as a full-time student. As stated before, BTEA will not be paid for a single semester. I have asked an official from my department to make further enquires with the person concerned and local officials to determine if BTEA can be restored in the circumstances. Paragraph 3.2 of the guidelines provide that any person who is not satisfied with the decision may request in writing a review by an officer of the relevant Social Welfare office enclosing a new evidence in support of the review.