Brendan Smith (Cavan-Monaghan, Fianna Fail)
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168. To ask the Minister for Employment Affairs and Social Protection if a student is entitled to the back-to-education allowance to study a particular course at the same educational level as they have already achieved but the other course is in a different area of learning and that part-time course was undertaken at the student’s own expense; and if she will make a statement on the matter. [41990/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Back to Education Allowance provides income support for jobseekers and others in receipt of certain social welfare payments who pursue full-time courses of education at further or higher level. The focus of the scheme is to assist people in improving their qualifications and their access to sustainable employment. The Government has provided €35.7 million for the scheme in 2024.

The Back to Education Allowance scheme enables eligible people to continue to receive income support while they attend approved education courses, subject to meeting certain conditions. Employment Personal Advisers and Job Coaches are involved in determining the suitability of the course of study being proposed for the jobseeker, to ensure it is in line with the activation needs of the customer and their Personal Progression Plan. The conditions also include progressing in the level of education held by an applicant with reference to the national framework of qualifications (NFQ). An applicant will generally only be supported to pursue a level of education beyond their current level.

The scheme guidelines state that in certain limited circumstances the Back to Education Allowance can be approved where the customer proposes to undertake a course of study leading to a qualification at either NFQ Levels 5 or 6 where the customer already holds qualification at the same or lesser level. In these cases the Employment Personal Advisor or Job Coach will consider their recommendation in terms of further progression and career development and the customer's overall employment prospects.

If this question relates to a specific case, the person concerned should be advised to engage with the Employment Services Team in their local Intreo Centre to discuss the employment and training opportunities which may be available to them.

I trust this clarifies the position.

Verona Murphy (Wexford, Independent)
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169. To ask the Minister for Employment Affairs and Social Protection if compensation that is received from the High Court or other is exempt from social welfare payments that are means tested; and if she will make a statement on the matter. [42026/24]

Verona Murphy (Wexford, Independent)
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170. To ask the Minister for Employment Affairs and Social Protection if compensation payments received from the High Court or other exempt from social welfare payments that are means tested; and if she will make a statement on the matter. [42098/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 169 and 170 together.

Social welfare legislation provides that means tests take account of the income and assets of the person (and their spouse or partner, if applicable) applying for the relevant scheme. The means assessment includes income from employment, self-employment, occupational pensions and maintenance payments. It also includes property owned other than the family home and capital such as savings, shares, and other investments.

Social welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person.

These disregards include, for example, all income derived from payments awarded by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Redress Board and payments made in relation to disability caused by Thalidomide.

In addition, ex gratia payments made to women who were admitted to and worked in the Magdalen Laundries, or through the Symphysiotomy Payment Scheme, or payments made by the Minister of Health in accordance with recommendations proposed by the Scoping Inquiry into the CervicalCheck Screening Programme are also disregarded.

All compensation or court awards which are not specifically provided for in social welfare legislation are assessed in the normal manner. However, most social assistance schemes have an initial capital disregard of €20,000. In the case of Disability Allowance and Carer's Allowance the first €50,000 of capital is disregarded.

Any changes to the means assessment of social assistance schemes would have to be considered in the overall policy and budgetary context.