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Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 23: In page 29, to delete lines 14 to 23 and substitute the following: "(2) Where an applicant is aggrieved by a determination of an awarding authority under section 18(6), then the applicant, not later than 30 days after receipt of the notice of the determination, may appeal to the appeals officer against that determination. (3) Where a student is aggrieved by a notice...

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I am retaining "45 days".

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: It was 90 days. It is proposed to keep it at 45 days. The Deputy asked that I reduce the 90 day timeframe in respect of appeals, which I will address later.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: Yes.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I accept what the Deputy is saying. We are introducing this legislation because we are not delivering to the citizen as well as we should.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I appreciate the Opposition's support in getting this legislation enacted as quickly as possible. I am persuaded to accept the Deputy's amendment. The issue that arises is the capacity to deal with matters within that timeframe in the transitional period up to establishment of the new authority. I am not happy that we are still processing applications. I am persuaded to accept the...

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 24: In page 29, line 24, to delete "subsection (2) and substitute "subsection (2) or (3)". This is a drafting amendment.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 25: In page 29, lines 27 and 28, to delete all words from and including "that" in line 27 down to and including "extension" in line 28 and substitute the following: "that the person has given reasonable cause to so extend". Amendment agreed to.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 27: In page 29, to delete lines 38 to 43 and substitute the following: "(6) When giving notice to an applicant or student under subsection (5) the appeals officer shall inform him or her of his or her right to appeal the determination to the Appeals Board and that, where applicable, only payments pursuant to a determination under subsection (4) may be made by the awarding...

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 28: In page 30, to delete lines 9 to 11 and substitute the following: "21.—(1) Where an applicant or student is aggrieved by a determination of an appeals officer under section 20(4), he or she may appeal to the Appeals Board against that determination.".

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 29: In page 30, line 17, to delete "that the person has given reasonable cause for the extension" and substitute the following: "that the person has given reasonable cause to so extend".

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 30: In page 30, to delete lines 18 to 26 and substitute the following: "(4) The Appeals Board— (a) shall be independent in the performance of its functions under this Act, (b) shall not be confined to the grounds on which the determination of the awarding authority or appeals officer concerned was based, but may decide the matter which is the subject of the appeal as if...

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I have heard of auction politics but this takes the biscuit altogether. The issue is that the board will not sit all the time and getting the people together will be difficult. I do not anticipate a huge number of appeals because they will be complex.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I anticipate they will be legalistic when it comes to a determination on an appeal. However, I have reduced the timeframe from 90 to 60 days.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: The service level agreements provide that 60 days will be the upper limit, but from an administrative point of view, they can be dealt with in a shorter time, if possible.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 32: In page 33, to delete lines 32 to 36.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I move amendment No. 33: In page 33, to delete lines 37 and 38.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I appreciate the Deputy's argument but this is an expert board as opposed to a representative board.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: They are experts at being students.

Student Support Bill 2008: Report and Final Stages (16 Dec 2010)

Mary Coughlan: I appreciate that but we are dealing with the eligibility criteria to access grant aid. The central tenet of the establishment of the appeals board is it should comprise experts. The specific inclusion of students in a representative capacity would be likely to lead to a conflict of interest where objective examination of the facts is required. Nothing in the current provision would...

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