Bernard Durkan (Kildare North, Fine Gael)
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Question 234: To ask the Minister for Education and Science the way eligibility for a higher education grant is determined for holders of stamp four residency status; if this is done by individual authorities, vocational educational committees or if specific guidelines are issued by his Department; if his attention has been drawn to the fact that it would appear that while holders of such status are fully entitled to work here, there appears to be a doubt as to whether such status entitles holders to stamp four to higher education or maintenance grants; if his attention has been further drawn to the likelihood of discrimination under international law in individual cases; if he will take action to ensure that all such cases are dealt with in strict accordance with specific guidelines laid down by his Department; and if he will make a statement on the matter. [20897/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Under the terms of the maintenance grant schemes, grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to nationality, residency, means and previous academic attainment. The decision on eligibility for a higher education grant is a matter for the relevant local authority or VEC as appropriate.

The Nationality requirement as set out in the 2008 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.

The Department of Justice, Equality and Law Reform adjudicates on a person's entitlement to remain in the State and on the stamp that is awarded where permission to remain is sanctioned. A 'stamp 4' does not of itself convey any entitlement to public services.

It is the candidate's nationality or his/her immigration status in the State that determines whether or not he/she meets the nationality requirement outlined in the Scheme. Possession of a 'stamp 4' does not automatically satisfy the nationality requirement of the grant schemes. My Department understands a 'stamp 4' can be awarded to categories of applicants other than those specified in my Department's grant schemes.