James Reilly (Dublin North, Fine Gael) | Oireachtas source

I thank Senator Burke for raising this important matter which I am taking on behalf of the Minister for Education and Skills.

Under the terms of the student grant scheme, grant assistance is awarded to students who meet the prescribed conditions of funding, including those which relate to nationality, residency, previous academic attainment and means. The nationality requirements for the student grant scheme are set out in section 14 of the Student Support Act 2011 and regulation 5 of the Student Support Regulations 2012.

The nationality rules require that the student be an Irish, EU, EEA or Swiss national. There are a number of exceptions to this requirement. A person who holds refugee status or the rights and privileges as specified in section 3 of the Refugee Act 1996, or holds subsidiary protection pursuant to the European Communities (Eligibility for Protection) Regulations 2006, meets the nationality requirement. In addition, a person who holds one of the prescribed immigration status as provided for in the Student Support Regulations 2012 may also meet the nationality requirement. These include permission to remain as the family member of a European Union, EEA or Swiss citizen under the European Communities (Free Movement of Persons) Regulations 2006 and 2008 and EU directive and also permission to remain on the basis of marriage or civil partnership with an Irish national resident in the State or as the dependent child of such person. A person who has humanitarian leave to remain granted before the Immigration Act 1999 came into effect or permission to remain in Ireland following a decision not to deport a person under section 3 of the Immigration Act 1999, also meets the nationality requirements.

In all cases, to qualify for a student grant, it is the grant applicant and not his or her parents who must meet the nationality or prescribed immigration status requirements in his or her own right. The onus is on the grant applicant to provide the necessary documentary evidence as proof of his or her nationality or immigration status to the relevant grant awarding authority.

Article 32 of the student grant scheme 2012 provides for the review of eligibility for the award of a grant in the event of changes of circumstances in the academic year, including a change in relation to a student's nationality or immigration status. This means that where a student acquires Irish citizenship by naturalisation or acquires a prescribed immigration status during the course of his or her studies, he or she may make an application in the academic year for a student grant. This is done under the change in circumstances provision. He or she may also under this provision re-apply for a student grant if he or she has previously been refused a grant on nationality grounds. In both cases students may qualify for a student grant from that point, subject to meeting all other terms and conditions of the student grant scheme.

The Minister for Education and Skills has asked his Department to examine the overall issue of the entitlement of non-EU families to third level fees and grants generally and he is currently considering the matter to ensure that there is clarity as to precise entitlements in this complex area. Any decision on changes to the student grant scheme, including changes to eligibility criteria, will need to be considered in the context of availability of resources.

Other supports available to students include the student assistance fund, which will continue to be made available through the access offices of third-level institutions to assist students in exceptional financial need. In addition, tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education, including approved undergraduate and postgraduate courses in EU member states and in non-EU countries. Further information on this tax relief is available from the Revenue Commissioners.