James Bannon (Longford-Westmeath, Fine Gael)
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Question 1683: To ask the Minister for Education and Science the reason a person (details supplied) in County Longford should be denied free third level fees; and if he will make a statement on the matter. [29965/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Under the terms of the Free Fees Initiative the Exchequer meets the tuition fees of eligible students who are pursuing full-time undergraduate courses of study. The main conditions are that students must be first-time undergraduates and hold E.U. nationality and have been ordinarily resident in an E.U. Member State for at least three of the five years preceding their entry to an approved third level course.

The residency requirement applies to all E.U. nationals, including Irish nationals in accordance with the judgement of the European Court of Justice that access to vocational training must apply equally to all E.U. nationals.

On the date of entry to the course, the person referred to by the Deputy did not hold E.U. nationality and had not been ordinarily resident in an E.U. Member State for at least three of the five years preceding entry to a third level course and therefore does not qualify for free tuition fees under the terms of the Free Fees Initiative.

Section 473A, of the Taxes Consolidation Act, 1997, provides tax relief, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in E.U. Member States and in non EU countries.