Willie Penrose (Longford-Westmeath, Labour)
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Question 278: To ask the Minister for Education and Science the reason a person (details supplied) in County Westmeath, who is in receipt of an education grant, has not been awarded the top up-grant; and if he will make a statement on the matter. [5102/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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To qualify for the Special Rate of maintenance grant, an applicant must qualify for the ordinary maintenance grant in respect of the 2008/09 academic year. In addition, total reckonable income must not exceed a specified amount, which is €20,147 in the 2007 tax year. On the operative date, 31st December 2007 for the 2008/09 academic year, the reckonable income must include one of the eligible long-term Social Welfare payments prescribed under the scheme.

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.