David Stanton (Cork East, Fine Gael)
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Question 256: To ask the Minister for Education and Science the appeal procedures in operation in cases of refusal by vocational education committees and local authority higher education grant sections with respect to third level grants; if applicants who are refused in such cases are made aware as a matter of course of their right to appeal; the number of such appeals received by her Department in respect of schemes in operation in each year from 2000 to 2005; the outcome of such appeals; and if she will make a statement on the matter. [13582/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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My Department funds three means-tested maintenance grant schemes for third level education students in respect of attendance on approved courses in approved third level institutions and one maintenance grant scheme in respect of students attending approved post-leaving certificate courses in approved post-leaving certificate centres. These are the higher education grants scheme, the vocational education committees' scholarship scheme, the third level maintenance grants scheme for trainees and the maintenance grant scheme for students attending post-leaving certificate courses.

The three third level student support schemes, administered by the local authorities and the vocational education committees on behalf of the Department of Education and Science, offer financial assistance to eligible students attending approved third level courses. Students entering approved courses for the first time are, generally speaking, eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment.

The statutory framework for the higher education grants scheme, as set out in the Local Authorities (Higher Education Grants) Acts 1968 to 1992, provides for means-tested higher education grants in order to assist students to attend full-time third level education. Section 7 of the Local Authorities (Higher Education Grants) Act 1968 provides that:

Every question or dispute which shall arise in relation to the interpretation or construction of a scheme under this Act shall be determined by the Minister whose decision thereon shall be final.

The decision on eligibility for third level grants is a matter for the relevant local authority or vocational educational committee. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired.

Clause 14 of the higher education grant scheme, the vocational educational committees' scholarship scheme 2005, and the third level maintenance grant scheme for trainees 2005, together with clause 12 of the maintenance grants scheme for students attending post-leaving certificate courses 2005 provides that where an individual applicant considers that she or he has been unjustly refused a maintenance grant or that the rate of grant awarded is not the correct one, he or she may appeal to the relevant awarding body.

Where an individual applicant has had an appeal turned down in writing by the relevant awarding body and remains of the view that the body has not interpreted the schemes correctly in his or her case, an appeal may be made to the Minister outlining the basis for such appeal. As already indicated, the awarding body may, itself, in exceptional circumstances, seek clarification on issues from my Department. While the information on the number of appeals or their outcome is not available, the right of appeal is clearly published in the schemes.