Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 204: To ask the Minister for Education and Science, further to Parliamentary Question No. 137 of 7 October 2004, the reason a dependant of an elderly couple who are both in receipt of a non-contributory pension at the maximum rate is not eligible for the top-up grant; if she has satisfied herself that this complies with equality legislation; and if she will make a statement on the matter. [17484/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The report of the action group on access to third level education, which was launched in July 2001, made detailed recommendations concerning the target group of "those most in need" which has been defined in terms of the child dependants of people receiving long-term welfare payments, where the necessary conditions are fulfilled.

The action group recommended the introduction of special rates of maintenance grants for disadvantaged students, usually referred to as top-up grants, and advised that an income limit should be fixed at a level which would, at a minimum, include persons on unemployment assistance, long-term, with a qualified adult allowance, full rate. The special rate of maintenance grant was introduced for the 2000-01 academic year.

Following a review in early 2002, the income thresholds for the award of the special rate of grant were increased. In addition, the criteria were broadened significantly and a number of additional social welfare payments were included as eligible payments for the purpose of the scheme. Since 2002-03, the total reckonable income limit has been based on the maximum point of the old age contributory pension plus the maximum qualified adult allowance for a person over 66 years. This yielded an annual income threshold of €14,693 for the 2004 scheme.

To qualify for the top-up grant in the academic year 2004-05 all candidates must satisfy the following conditions: qualify for the ordinary maintenance grant in respect of the academic year 2004-05; total reckonable income limit in the tax year to 31 December 2003 must not exceed €14,693, net of standard exclusions, as set out in the 2004 maintenance grants schemes and net of CDA payments, where applicable; as at 31 December 2003, the reckonable income of parent(s) or guardian(s), the candidate himself/herself or the income of the spouse/partner, as the case may be, must include one of the eligible social welfare payments prescribed under the scheme.

Where the reckonable income exceeds the top-up income limit of €14,693 the candidate is ineligible for top-up grant assistance.