Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

I certainly sympathise with the case outlined by Deputy Fitzpatrick. The difficulty I have is that SUSI is a national statutory-based scheme and its allocation of student grants is based on an assessment of gross income. That assessment is applied uniformly in all cases. Where people have other outgoings, such as a mortgage or any other payment, they are not deducted. It is not a net means test and it has always been based on gross income. People might argue that it should consider net income in certain circumstances but it does not. It is applied nationally in that way and there is no special arrangement for people in insolvency, as the Deputy outlined in the comments he made. SUSI treats this in the same way as other means-tested arrangements and there are no special means tests available through the Department of Employment Affairs and Social Protection, for example, dealing with insolvency cases. Again, it is income that is assessed and allowance is only made for tax paid or similar items.

Although it is not in my area, it is my understanding there is an arrangement whereby a family means requirement is carried out before the personal insolvency agreement would be arranged. Within that process I understood there was an obligation to ensure provision was first made for children, including cases where young people were in college. I do not know if that assessment of means was made before finalising what was deemed to be a reasonable contribution to the debt. I do not know if it failed to take account of the fact that children were in college.

The only scheme I can point to within my Department is where students in third level institutions experiencing financial need can apply for support under the student assistance fund. This helps students in a sensitive and compassionate manner who may otherwise be unable to continue their studies due to financial circumstances. Information on that fund is available through the access office in the third level institution being attended. The fund is administered on a confidential and discreet basis. This year we increased the allocation to the fund to assist access for students facing hardship.

Unfortunately, the system under SUSI is statutory-based and it takes into account gross income. I do not have the authority to waive those provisions for any individual case. There is the possibility of appeal but that is still on the basis of existing legislation. It seems the only direction I can suggest to Deputy Fitzpatrick is the student assistance fund. Has there been a failing in the personal insolvency agreement in considering the outgoings of the family in respect of the children's education? I do not know if that can be examined under the Insolvency Service of Ireland arrangement.

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