Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 363: To ask the Minister for Education and Science if her Department is processing higher education grant applications for students granted temporary residency in Ireland and who are attending college here; the details of the application process; and if she will make a statement on the matter. [26975/07]

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 364: To ask the Minister for Education and Science if an application for a higher education grant has been received by her Department from a person (details supplied) in County Offaly; the status of the application; and if she will make a statement on the matter. [26976/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 363 and 364 together.

My Department funds three maintenance grant schemes for third level students which are administered by the Local Authorities and the Vocational Education Committees. These are the Higher Education Grants Scheme, the Vocational Education committees' Scholarship Scheme, the Third Level Maintenance Grants Scheme for Trainees and the Maintenance Grants Scheme for Students attending Post Leaving Certificate Courses.

The Higher Education Grants Scheme is administered by the Local Authorities. The other three schemes are administered by the Vocational Education Committees.

Under the terms of the maintenance grants schemes grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to age, residence, means, nationality and previous academic attainment.

The nationality requirement as set out in the 2007 Grant Schemes states:Candidates must:—

hold E.U. Nationality; or

have Official Refugee Status; or — have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or

be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999; 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.

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 dependant 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 an individual applicant considers that she/he has been unjustly refused the special rate of maintenance grant, 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 conditions 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.