Seán Connick (Wexford, Fianna Fail)
Link to this: Individually | In context

Question 401: To ask the Minister for Education and Science if she will confirm that under section 10 of Statutory Instrument 656 of 2006, a non-national married to an EU Citizen can not automatically be denied a higher education grant on residency grounds in the event of a marriage break-up. [29266/07]

Seán Connick (Wexford, Fianna Fail)
Link to this: Individually | In context

Question 402: To ask the Minister for Education and Science if she will confirm that under section 10 of Statutory Instrument 656 of 2006, a person (details supplied) in County Waterford meets the residency criteria for a higher education grant. [29267/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 401 and 402 together.

Under the terms of my Department's four Student Maintenance Grant Schemes, grants are payable to candidates pursuing approved full-time courses who meet prescribed conditions, including those pertaining to nationality, residency, means, age and previous academic attainment.

Under the residency requirement a candidate's parents, or in the case of an independent mature candidate, the candidate herself/himself, must have been resident in the State from the 1st October of the year prior to entry on an approved course.

Under the Nationality clause of the Scheme all E.U nationals, including Irish Nationals, are eligible to be considered. However, candidates who are E.U. nationals and who do not satisfy the residency requirement are eligible to apply for a means-tested fees only grant in respect of approved courses in the Republic of Ireland, provided they have been ordinarily resident, for a purpose other than wholly or mainly to receive full-time education, in an E.U. Member State from 1 October, of the previous year. Such candidates shall apply to the Local Authority in which the college they propose to attend is situated.

Apart from the funding provided through the student maintenance grant schemes, the Department also provides funding to approved third level institutions to operate a Student Assistant Fund to assist students in a compassionate and sensitive manner who may otherwise have to leave college due to financial hardship. Information on the fund is available from the Student Access Officer at the college being attended.

The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the 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 required.

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.

Alternatively, as already indicated, the local authority or VEC may, itself, in exceptional circumstances, seek clarification on issues from my Department.

It is not open to me, or to my Department, to depart from the terms of the schemes in individual cases. My Department has received no appeal from the candidate referred to by the Deputy.

Having regard to Section 10 of Statutory Instrument 656 of 2006 it is not possible to give a definitive response in respect of all applicants who were non-nationals that were previously married to EU nationals as each case has to be considered individually as circumstances may differ from case to case.