The back-to-education allowance is a second-chance education opportunities programme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active workforce. Since the scheme was first introduced, its primary focus has been towards people who most need additional training or qualifications to gain a foothold in the labour market. People with a primary degree are already in possession of a third level qualification and their academic qualifications should impact positively on their employment prospects. Furthermore, the scheme was never intended to be an alternative form of funding for people entering or re-entering the third level education system.
The person concerned, who holds a primary degree in computer science, obtained in 2003, applied for participation in the back-to-education allowance scheme in order to pursue a further degree in social science. The application was refused on the grounds that the person concerned has already achieved a high level of academic attainment.
When determining if exceptional circumstances pertain in similar cases, consideration is given to the length of time since the person obtained the first primary degree and the efforts made to find employment with the third level qualification already held. In this instance, a review of the decision was carried out but, following a re-examination of the case, the original decision was upheld.