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Supplementary Welfare Allowance - Case 3

Question At Issue:

Whether appellant was not entitled to receive Supplementary Welfare Allowance, arising from his attendance at a full-time day course of study.

Background:

The appellant’s claim for Supplementary Welfare Allowance was disallowed as an official of the Health Board determined that he was attending a full-time course of study, as defined in Section 126 of the Social Welfare (Consolidation) Act, 1993. He was attending English classes provided by Integrate Ireland Language and Training Limited. The decision was upheld by a Health Board Appeals Officer and was subsequently appealed to the Social Welfare Appeals Office.

Consideration of the Appeals Officer:

The Appeals Officer determined the case on a summary basis, without holding an oral hearing.

The Appeals Officer examined the decision with reference to the Social Welfare (Consolidation) Act, 1993. The Act provides (under Section 172) that a person is disqualified from receiving Supplementary Welfare Allowance while they are attending a course of study, as defined in Section 126. The Appeals Officer noted that the definition set out in Section 126 refers to a full-time day course of study, instruction or training at an institution of education. He noted too the definition of an ‘institute of education’ as provided for under the Act. He concluded that Integrate Ireland Language and Training Limited is clearly not one of the institutions set out in the provisions of the Act. He was satisfied that there was no evidence submitted to him which would suggest that it was such an institution. He concluded that the appellant was not, therefore, disqualified from receiving Supplementary Welfare Allowance, as he was not attending a course at an institute of education, as defined in the legislation. He considered the disqualification to be limited to defined institutions of education.

Outcome:

Appeal allowed.

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