Operational Guidelines: Back to Education - Part-Time Education Option

The Department of Social Protection provides a range of second chance education opportunities for recipients of Jobseeker’s and other social welfare payments. The Department’s objective is to raise educational and skills level to help participants access the labour market.

The Back to Education Programmes support participation in a range of Further and Higher Education options through the following strands:

• Part Time Education Option (PTEO) – this guideline
• Back to Education Allowance (BTEA) Scheme - Payment of weekly allowance while pursuing a full time Further or Higher Education course of study. See Operational Guidelines: Back to Education Allowance
• Education, Training and Development Option (E,T&D) - Retention of Jobseeker’s payment while undertaking approved courses of study of short duration. See Operation Guidelines on Education, Training and Development (ET&D)

The Part Time Education option is not a separate scheme. It is provided for in the legislation for the Jobseeker’s Allowance, Jobseeker’s Benefit, Jobseeker's Pay‐Related Benefit and Jobseeker’s Benefit (self-employed) schemes.

The main provisions relating to Jobseeker’s Allowance are contained in Chapter 2 of Part III of the Social Welfare Consolidation Act, 2005, as amended.

The main provisions relating to Jobseeker’s Benefit are contained in Chapter 12 of Part II of the Social Welfare (Consolidation) Act, 2005.

The main provisions relating to Jobseeker’s Benefit (Self-employed) are contained in Chapter 12A of Part II of the Social Welfare (Consolidation) Act, 2005.

The main provisions for Jobseeker’s Pay-Related Benefit are contained in Chapter 12A of Part II of the Social Welfare (Consolidation) Act, 2005 to provide for a new social insurance scheme entitled Jobseeker’s Pay-Related Benefit.

Associated regulations are contained in the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007, (S.I. No. 142 of 2007) as amended.

The Part Time Education Option is administered as part of the delivery of Jobseeker’s Allowance, Jobseeker’s Benefit, Jobseeker's Pay‐Related Benefit and Jobseeker’s Benefit (Self-employed) claims by staff at the Department's network of Intreo Centres/Branch Offices throughout the country.

All guidelines for staff on the operation of the Jobseeker’s schemes are issued by

National Processing Team: Schemes Policy Unit

Department of Social Protection,

Gandon House,

Amiens Street,

Dublin 1.

Policy for the Part-Time Education Option is developed by:

Working Age Schemes Policy Unit,

Department of Social Protection,

Shannon Lodge,

Carrick on Shannon,

Co. Leitrim.

The Part-Time Education option enables unemployed persons to attend part-time day/evening courses of education or training and retain their Jobseeker's Allowance or Jobseeker's Benefit, Jobseeker’s Pay-Related Benefit (JPRB) or Jobseeker’s benefit (Self-Employed) provided that they continue to satisfy the conditions of being available for full time work and genuinely seeking work on an on-going basis. The purpose of this option is to enhance the employability prospects of participants.

Unlike the other educational opportunity schemes there are no specific eligibility criteria for availing of this option. The person may be of any age and may be unemployed for any length of time before commencing a part-time course of education.

Participation in part-time courses of education may be approved under this option. Examples include part-time day/evening/early morning courses and distance education. In some cases, part-time courses which run during the normal working day can be accepted e.g. courses under the Back To Education Initiative Programme provided by the Education and Training Boards.

Officers should approach such applications in a flexible way bearing in mind the following requirements:

• Jobseeker's recipients may participate in a part-time course and continue to receive their JA /JB/ JPRB/JBSE payment under the Back to Education Programme, Part-Time Option
• participants on part-time courses who continue to receive their Jobseeker's payment are required to satisfy the conditions of being available for full time work and genuinely seeking work on an ongoing basis
• where a Jobseekers’s recipient is pursuing a part-time course of study on the understanding that the course will help to enhance his/her employment prospects, s/he should be encouraged to complete the course. Attendance on a part-time course under the PTEO is allowed on the clear understanding that availability for full time work and genuinely seeking reasonable work opportunities must take precedence over course attendance, should a conflict arise

This scheme does not involve any special payment or allowance and participants satisfy all the conditions for receipt of JA / JB /JPRB/JBSE. In all respects the person should be treated as any other Jobseeker’s payment recipient.

All applications for the PTEO should be made on the Part-Time Education Option Application Form (PTEO1). The person should be asked to produce the time-table for the course. Decisions on the PTEO are made by the National Processing Team and Employment Support Services.

Once the Officer is satisfied that the person meets all the requirements concerning availability, the PTEO1 is authorised and the category code ‘PTEO’ is inputted to the claim. The PTEO1 is retained digitally with the claim papers.

Where a request for participation in the PTEO is refused, it should be explained to the applicant that if s/he takes up the course a decision will be made to disallow the unemployment claim on the availability condition.

A decision to refuse the PTEO should be based on availability and this should be explained to the person involved so they may appeal the decision on the same basis.

Since a decision to allow or refuse the PTEO is based on the person's continuing availability for full time work on JA/JB/JPRB/JBSE, this decision is statutory and may be appealed to the Appeals Office.