Dáil Éireann Debate, Thursday - 27 October 2022
208. Deputy Colm Burke asked the Minister for Education if consideration will be given to instituting a review to classify home tutors as employees of her Department in view that continuity of work is not recognised even when a home tutor has worked for a number of years with students in providing home tuition; and if she will make a statement on the matter. [53973/22]
Amharc ar fhreagra209. Deputy Colm Burke asked the Minister for Education if her Department will carry out a review as to the employment status of home tutors (details supplied); and if she will make a statement on the matter. [53974/22]
Amharc ar fhreagra210. Deputy Colm Burke asked the Minister for Education the reason that home tutors are not regarded as employees of her Department in view of the fact that the Revenue Commissioner regard them as employees of her Department; and if she will make a statement on the matter. [53975/22]
Amharc ar fhreagra211. Deputy Colm Burke asked the Minister for Education if she will confirm that consideration will be given to instituting a review to ensure that home tutors governed by the home tuition scheme, would be afforded the right and made eligible for sick pay and holiday pay; and if she will make a statement on the matter. [53977/22]
Amharc ar fhreagra212. Deputy Colm Burke asked the Minister for Education if she will confirm that consideration will be given to instituting a review of an amendment to current working conditions for home tutors as set out by her Department ensuring that home tutors governed by the home tuition scheme will be afforded the right to secure similar work outside of the official school calendar; and if she will make a statement on the matter. [53978/22]
Amharc ar fhreagra213. Deputy Colm Burke asked the Minister for Education if consideration will be given to instituting a review on amending current working conditions for home tutors as set out by her Department in order that they can claim travel expenses such as those made available for Leaving Certificate and Junior Certificate supervision; and if she will make a statement on the matter. [53979/22]
Amharc ar fhreagraI propose to take Questions Nos. 209 to 213, inclusive, together.
My Departments Home Tuition Grant Schemes provide funding towards the provision of a compensatory educational service for children who, for a number of specific reasons, are unable to attend school. By its nature, it is intended to be a short term intervention.
The Home Tuition Grant Schemes are governed by annual circulars which sets out the purpose, eligibility criteria and details of the scheme. Circular 0046/2022 provides information in relation to the 2022/2023 Home Tuition Grant Scheme and can be accessed by clicking on the following link: www.gov.ie/en/circular/22b2a-home-tuition-grant-scheme-20222023-special-education-component/
As the Scheme is an educational service it is based on the school year. Therefore the periods which are covered for tuition and payment purposes reflect the school terms and do not include school holidays, bank holidays and weekends. This does not preclude tutors from securing similar work outside of the school calendar, such as providing tuition for other schemes such as the summer program.
For children and students who qualify under the Home Tuition Grant Schemes, sanction is given to approve a grant towards the engagement of a tutor who will provide home tuition for the child/student in question. Home tutors are engaged by the parents/guardian of the child who is to receive tuition and the tutor has no contractual relationship with the Department of Education.
In accordance with instructions from the Revenue Commissioners, payments under the Home Tuition Grant Scheme are subject to statutory deductions at source. In order to facilitate parents, my Department acts solely as payroll agents on behalf of the parents/guardian. The Department of Social Protection has determined that Home Tutors are engaged under a contract for service and are therefore self-employed and subject to PRSI Class S.
As outlined in Circular 0046/2022 tutor should ensure that they are fully aware of how the grant will issue under this scheme before any tuition is provided. A separate, detailed payment information note on which includes information on conditions of the scheme, rates and deductions can be accessed by clicking on the following link: www.gov.ie/pdf/234505/?page=null
This note informs tutors that Home Tuition Grant Scheme only pays for actual tuition provided. It does not provide payment in respect of Travel costs incurred, expenses, tuition offered but not availed of by the student, sick pay, holiday pay and any period in which tuition is not pre-approved.
As tuition takes place outside the usual school structure it is important that home tutors are qualified to provide an educational programme. Accordingly, it is a condition of the scheme that parents/legal guardians recruit a tutor who is qualified in the sector in which tuition is being provided, and is registered with the Teaching Council for the duration of the approved tuition, up to and including issue of final payment. Where all efforts have failed to secure the services of a teacher qualified to teach in the sector concerned, the Department may consider the engagement of a person who is registered with the Teaching Council and has a primary degree (minimum Level 7 on the National Framework of Qualifications) in a relevant area, e.g. Psychology.
The scheme is governed by annual Circulars, which are released during the summer each year. The circular is examined each year prior to its release, with work on the 2023/2024 Home Tuition scheme due to commence early next year.
