Michael D Higgins (Galway West, Labour)
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Question 764: To ask the Minister for Education and Science if she will take action to redress the situation which pertains regarding an application by a person (details supplied) in County Galway for the top-up grant; her views on whether such a view taken of the situation is unreasonable; and if she will make a statement on the matter. [20517/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Higher Education Grants Scheme operates under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992. These Acts define a mature student to mean a person "of not less than 23 years of age, or such other age as may stand specified for the time being in regulations made by the Minister with the consent of the Minister for Finance, who have secured places in approved institutions and have reached that age on the 1st day of January, or such other date as may be prescribed from time to time by the Minister with the consent of the Minister for Finance, in the year of entry to such institutions".

Mature students are categorised as either independent mature students or mature students dependent on parents. An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his/her parents from the October preceding their entry to an approved course. Independent mature students are assessed without reference to either their parents' income or address.

In order to establish that a candidate is an independent mature student documentary evidence is required as proof of a candidate's ordinary/ permanent address from the 1st October of the year preceding entry to college. Examples of the type of documentary evidence, which would establish residence, are as follows:

(i)Utility bills such as telephone, gas, E.S.B.

(ii)Evidence of registration with the Private Residential Tenancies Board (P.R.T.B.)

(iii)Official Documentation from any Government Department e.g. Social Welfare or Revenue (if any)

The decision on eligibility for third level and 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.

The awarding authorities are obliged to satisfy themselves beyond doubt that an acceptable degree of proof is submitted by the grant applicant in establishing eligibility under all aspects of the Schemes. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, 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, an appeal form outlining the position may be submitted by the applicant to my Department.