Bernard Durkan (Kildare North, Fine Gael)
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Question 171: To ask the Minister for Education and Science if or when children whose parents are foreign nationals in full time employment can qualify for third level education having particular regard to the fact that such children have gone through the primary or second level education cycle here but cannot attend third level education unless they meet the full costs; and if she will make a statement on the matter. [5935/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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My Department funds four maintenance grant schemes for third level and further education students which are administered by the Local Authorities and the Vocational Education Committees. The Higher Education Grant Scheme operates under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992. Generally speaking, students who are entering approved courses for the first time are eligible for maintenance grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment.

Under the nationality requirement, students must hold E.U. Nationality, 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 county of the European Economic Area (EEA) or Switzerland.

Students must meet the nationality requirement at the time of entry or re-entry to an approved course. However the Grants Schemes contain a 'change in circumstances' clause which provides that a candidate's eligibility may be assessed or re-assessed in the event of a change in circumstances in relation to, inter alia, reckonable income, the number of dependent children, normal residence and nationality, where the candidate becomes an Irish national or the national of another EU member State.

The 'change in circumstances' provision allows candidates who acquire nationality through the naturalisation process, during the course of their studies, to apply to be assessed or re-assessed for grant assistance with effect from the academic term when the change occurs.

The decision on eligibility for third level or further education grants is a matter for the relevant local authority or VEC. 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.

If, however, the Deputy has a particular case in mind and provides detailed information, to the Student Support Unit of my Department, the case can be examined to ensure it was assessed correctly under the terms of the grant Schemes.