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Third Level Education

Dáil Éireann Debate, Tuesday - 18 April 2023

Tuesday, 18 April 2023

Questions (588)

Marc Ó Cathasaigh

Question:

588. Deputy Marc Ó Cathasaigh asked the Minister for Education further to Parliamentary Question No. 416 of 28 March 2023, the steps her Department can take to address the anomaly that has arisen in relation to a PhD postgraduate allowance, which meant that in September 2013 PhD students could not both retire to claim their award and also stay in service to fulfil the new timeframe of the pre-existing and changing regulations; and if she will make a statement on the matter. [17839/23]

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Written answers

As outlined in my response to Parliamentary Question No. 416 of 28 March 2023, and as detailed in Circular 03/2012, in 2012 a public service-wide review of allowances was carried out by the Department of Public Expenditure and Reform.  The result of this review was that qualification allowances were abolished with effect from 1st February 2012.

This provision was confirmed in paragraph 2 of Circular 08/2013 which stated that: Qualification allowances were abolished with effect from 1 February 2012.  The effect of this is that except for the limited exemption set out in paragraph 12 (i), no such allowances may be paid to an individual after that date.

The exemption provided for in paragraph 12(i) of Circular 08/2013 stated that: 

In the case of persons first employed in a qualified (and for appointments after  September 2010, registered) capacity in a teaching position in an Oireachtas funded post in a qualified capacity on or before 4 December 2011 qualification allowances are payable in respect of qualifications acquired on or before 4 December 2011. No allowances are payable should the individual acquire a further qualification regardless of the purpose of the qualification or the date of commencement of the course of study. The sole exception to this general position arises where as at 5 December 2011, a teacher in employment on that date and eligible for receipt of a qualification allowance in respect of the post they held on that date, was actively undertaking a course of further study leading to an additional qualification, provided that the teacher does not cease to be a registered student on that course before its completion.

Circular 0008/2013 was produced under the auspices of The Teachers Conciliation Council which is made up of representatives of the Teacher Unions, the School Management Bodies, the Department of Public Expenditure and Reform, and the Department of Education & Skills chaired by an official of the Workplace Relations Commission.

Circular 0063/2021 issued by my Department on 14th December 2021 and extended the closing date for receipt of eligible qualification allowance applications to 30th April 2022.

My Department received an application for payment of a doctorate degree allowance from the teacher in question on 30th April 2022. The teacher’s application was refused on 17th January 2023 as the date of award of his PhD qualification, as confirmed by the awarding authority was 11th October 2013, ie. after his date of retirement on 31st August 2013. 

As qualification allowances are paid to eligible teachers with effect from the date of award, this teacher has no entitlement to payment of a doctorate degree allowance as the date of his PhD award was after his date of retirement in 2013.

The individual concerned retired voluntarily on the 31st August 2013.  In accordance with the provisions of the pension scheme, his benefits were calculated based on his salary and the allowances he held at the date of his retirement.

A letter of appeal was received from the teacher in question on 27th January 2023 and his appeal was refused by my Department on 2nd February 2023.  A further appeal was submitted to my Department by the teacher in question on the 26th of March 2023 and is currently under review by officials of my Department.

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