American (non-EU) spouse dependant & Education Allowance

S

Shane1984

Guest
Hi,

Can anybody shed some light on this.

My OH is American. We are married and as I was unemployed on JSA (now on Enterprise Allowance), she is down as my dependant and I have been recieving a standard adult dependant supplement for her from the social welfare whilst she is unemployed (currently unable to work due to herniated discs).

Now, if things don't take off as well as I'd hoped with my business, we are both considering the option of third level education next September. We are both over 23. And I'm 100% certain I qualify for BTEA.

But here is where it gets sticky. Because she is non-EU we're not sure if she can qualify for BTEA as my dependant?

We know adult dependants do qualify because of the following from the welfare.ie site;

You may qualify for BTEA if you are not getting a social welfare payment but your spouse/partner is getting an Increase for a Qualified Adult in their social welfare payment for you. To qualify your spouse/partner must have an entitlement to BTEA and be getting an Increase for a Qualified Adult in his/her social welfare payment for you as an adult dependant for the required amount of time - see 'Rules' below.
If you qualify for BTEA because you are an adult dependant, you will get the same social welfare payment as your spouse/partner but at the maximum standard personal rate. Your spouse/partner will keep his/her entitlement to his/her personal rate of payment. You will also qualify for the annual Cost of Education Allowance.
If you get the Back to Education Allowance your spouse/partner can still keep his/her entitlement to the BTEA.
She has been living here with me for a year and a half as of time of writing. Come time of entering the course next September, it will be two and a half years she's lived in Ireland.

Does anybody know if she will qualify for BTEA as my dependant next September?

Or will we have to wait until she has Irish Citizenship in 2012?

Thanks.
 
So shane, how did you do? Did your wife qualify for BTEA?

I ask, as I might be in a similar situation myself very soon
 
If other half has been eligible for adult dependent increase for the required time, they will be entitled to BTEA. Its as simple as that as far as I know.
 
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