The back to education allowance is a second chance educational opportunities programme designed to encourage and facilitate unemployed people and others to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.
The programme is intended to assist social welfare recipients who may be at risk of becoming dependent on social welfare on a long-term basis because they lack educational qualifications.
To qualify for participation in the scheme an applicant must, inter alia, be in receipt of a relevant social welfare payment for at least six months or 156 days immediately prior to commencing an approved course of study. Periods of unemployment or illness in respect of which social security payments were claimed in other countries do not qualify towards meeting this condition.
The person concerned, had been in receipt of unemployment assistance for only 144 days and did not, therefore, satisfy the eligibility criteria for participation in the scheme.
The existing eligibility criteria of the scheme are designed to ensure that access is afforded to people with at least a minimum six months of unemployment and there are no grounds for changing the criteria in the circumstances of this case.