Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 524: To ask the Minister for Education and Science the third level grant conditions attaching to a person (details supplied) in County Offaly; if such a person is entitled to the free fees initiative; and if she will make a statement on the matter. [24676/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Under the terms of my Department's Free Fees Initiative, tuition fees are payable in respect of eligible EU nationals who have been ordinarily resident in an EU Member State for at least three of the five years preceding entry to their third-level course. This condition applies equally to all EU Nationals, in accordance with a judgement of the European Court of Justice that access to vocational training must apply equally to all EU Nationals.

The Nationality requirement of the Student Support Schemes states:—

—Candidates must:—

∙hold E.U. Nationality; or

∙have Official Refugee Status; or

∙have been granted Humanitarian Leave to Remain in the State; or

∙have permission to remain in the State by virtue of marriage to an Irish national residing in the State or be the child of such person, not having EU nationality; or

∙ have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or

∙be nationals of a member country of the European Economic Area (EEA) or Switzerland.

The candidate referred to by the Deputy does not appear to satisfy the eligibility conditions of the Free Fees Initiative.

I wish to advise the Deputy of the provisions under Section 473A, Taxes Consolidation Act, 1997. This provides tax relief for eligible persons, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in E.U. Member States and postgraduate courses in non EU countries.

Tax relief at undergraduate level extends to approved full/part-time courses in both private and publicly funded third level colleges in the State and any other EU Member State and approved full/part-time courses operated by Colleges in any EU Member State providing distance education in the State. Tax Relief on tuition fees is claimed directly from the Tax Office using an I.T. 31 Form. Details of approved colleges and courses are also available on Revenue's Internet site at www.revenue.ie.