Seán Crowe (Dublin South West, Sinn Fein)
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Question 160: To ask the Minister for Education and Science if she will make a statement on the case of a person (details supplied); her views on the fact that if this student did not pass their exams they would be eligible to receive both full tuition fees to lodge a grant application; and her further views on whether this anomaly penalises educational success. [5787/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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My Department funds four maintenance grant schemes for third level and further education students. These are the Higher Education Grants (HEG) Scheme, the Vocational Education Committees' (VEC) Scholarships Scheme, the Third Level Maintenance Grants Scheme for Trainees and the Maintenance Grants Scheme for Students attending Post Leaving Certificate Courses.

The HEG Scheme is administered by the Local Authorities on behalf of my Department. The other three schemes are administered by the Vocational Education Committees. Generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. An approved third level course for the purpose of the HEG and the VEC Scholarship Schemes means a full-time undergraduate course of not less than two years duration and a full time postgraduate course of not less than one year's duration pursued in an approved institution. The Schemes outline the respective courses which are approved for grant purposes.

The decision on eligibility for third level 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 an individual applicant considers that s/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, s/he may appeal to the relevant local authority or VEC.

Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his/her case, a letter outlining the position may be sent to my Department. Alternatively, as already indicated, the local authority or VEC may, itself, in exceptional circumstances, seek clarification on issues from my Department.

Under the terms of the third level student support schemes (clause 3.3 of the Higher Education Grants Scheme), a second chance student is defined as a student, who having attended but not successfully completed an approved course, is returning following a break of at least five years in order to pursue an approved course at the same level (i.e. Second Chance Student).

My Department understands from the information supplied that the student referred to by the Deputy already holds an undergraduate degree. Accordingly, he is ineligible for a higher education grant or to benefit under the Free Fees Initiative in respect of a subsequent course at that level. Tax relief, however, is available in respect of undergraduate fees paid in publicly funded colleges here and in other EU Member States, as well as in private colleges in the State. This relief applies at the standard rate of tax and is available to full time and part time courses. Further details and conditions in relation to this tax relief are available from local Tax Offices.

Apart from the funding provided through the Student Support Maintenance Grant Schemes, financial assistance is also available from my Department through the Student Assistance Fund. The objective of the Fund, which is ESF-aided, is to assist students, in a sensitive and compassionate manner, who might otherwise, due to their financial circumstances, be unable to continue their third level studies. Further information on this fund is available from the Student Access Officer at the college being attended by the candidate.