Damien English (Meath West, Fine Gael) | Oireachtas source

I thank the Deputy for raising this important matter. As the Minister, Deputy Jan O'Sullivan, cannot be present, I am taking the debate on her behalf. I am not familiar with the case but I accept that it is a genuine case.

For student grant purposes, students are categorised according to their circumstances, whether as students dependent on parents or a legal guardian, or as independent mature students. A student may be assessed as an independent mature student if he or she has attained the age of 23 on 1 January of the year of first entry to an approved course, or of re-entry following a break in studies of at least three years, and is not ordinarily resident with his or her parents from the previous October. Otherwise he or she continues to be assessed on the basis of the parents' or guardians' income.

An objective of the Department's statutory-based student grant scheme is to provide additional assistance to dependent students where the parents' or guardians' income is below a certain threshold and warrants additional assistance by way of a grant. Only in exceptional circumstances where compelling evidence of estrangement from parents or guardians is provided can applicants who are under 23 years of age be assessed without reference to their parents' or guardians' income or address. The difficulty is that parents are regarded as being under the scheme. The Student Support Act 2011 defines a parent as including a guardian appointed under the Guardianship of Children Acts 1964 to 1997. This definition also provides that a person who has adopted a child under the Adoption Act 2010 or outside the State is considered a parent for grant purposes. I understand the predicament and I can see that this can act as a deterrent for people who are considering becoming guardians. It is not an issue I have dealt with before. I will certainly take a look at the case to see whether in general the regulations are unfair to this particular category. Those are the rules at present. I appreciate that the Deputy is asking if we can have another look at them. I will certainly look at the case and will speak to the Minister, Deputy Jan O'Sullivan, about it to ascertain whether this is an area we need to examine in terms of the rules.

The Deputy raised the issue of foster parents. In the case of a fostered applicant, it is the State that is offering the protection and care in circumstances in which the parents have not been able or are unlikely to provide the care the child needs, so students may be assessed as dependent students by reference to their own income where they satisfy the conditions of article 21.3 of the student grant scheme, which refers to irreconcilable estrangement. It is a little bit different because the State is the person in charge, unlike in the case of guardianship. What the Deputy is saying in general is that this is a deterrent. We will examine the issue to see whether there are similar cases.

I am sorry I cannot give the Deputy a better answer or say that we can fix it, but I will certainly take up the case and look at the rules. I understand the point the Deputy is making.

The guardians did not realise all the consequences and costs involved. The Deputy did the right thing on behalf of the young family. I will examine that but I am afraid the rules as they stand do recognise a guardian and a parent as the same thing.

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