Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 168: To ask the Minister for Education and Science if arrangements can be made for non-EU students, resident in Ireland, qualifying for higher education grants, whose applications for certificates of naturalisation are still pending, in view of the fact that such applications may take longer to process than the actual course to which the student has been admitted; and if in view of the hardship involved for non-EU families consideration might be given towards finding a solution to the problem in respect of a person (details supplied) in County Laois. [11146/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Under the terms of my Department's four maintenance Grants Schemes, grant assistance is awarded to eligible students who satisfy prescribed conditions including those relating to residence, means, age, nationality and previous academic attainment. 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. 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 Deputy will appreciate that the terms of my Department's Schemes of Student Support must be applied impartially and it is not possible to make exceptions in individual cases, regardless of the circumstances.