Colm Burke (Fine Gael)
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My query relates to third level grants. I understand this is not the Minister's area, but I presume he has been provided with a response on it. In the past three weeks I have been in contact with two people who have dropped out of college. In one case the person came to Ireland with parents who had been recruited by the health service to work in an Irish hospital. The mother, a maternity nurse, was recruited from the Philippines when there was a shortage of maternity nurses and her entire family came here with her. Her daughter spent a full five or six years in secondary school here and also spent some time in primary school here and got her leaving certificate. The mother got citizenship, but the daughter could not apply for citizenship until her mother had got hers. She got her leaving certificate and a place in university, but then found out that she does not qualify for a grant for attending university. Her mother has been paying income tax in this country for the past eight or nine years.

The second case is similar. The person in this case has been paying income tax since 2001. This student has done two years in university and has had to pay full fees. The student does not have citizenship, but she is not receiving the student grant for attending university, although both parents have been paying income tax for eight or nine years.

I seek clarification with regard to how these cases are dealt with. It appears to me that these students are being penalised even though their parents have been paying tax in this country and have contributed to the country. In the first case, the parent has made a huge contribution in the health care sector during a time when there was a shortage, but now despite the work she has done and the taxes she has paid, her family is being penalised. Can I have clarification on this matter?

James Reilly (Dublin North, Fine Gael)
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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.

Colm Burke (Fine Gael)
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I notice the last paragraph on the first page of the Minister's response does not correspond with the decision by the University of Limerick with regard to the grant applicant. In that case, the mother was an Irish citizen and the daughter was living and had studied in Ireland. However, the University of Limerick advised them that they did not and would not qualify for the grant. As a result, the student opted out of college and is no longer attending college. The interpretation in the Minister's reply seems to be different to the interpretation given by the University of Limerick and that is the reason I sought clarification. This is obviously a matter I will have to follow up on further with the Department, but I appreciate the comprehensive response given.

James Reilly (Dublin North, Fine Gael)
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My pages do not correspond exactly with those of the Senator, so I am not quite sure to which paragraph he is alluding. However, I will alert the Minister, Deputy Quinn, to the issue and will facilitate a resolution of this in whatever way I can.

Colm Burke (Fine Gael)
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I appreciate that.