Richard Bruton (Dublin North Central, Fine Gael)
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Question 1251: To ask the Minister for Education and Science if he will review the rule that disbars Irish citizens from the higher education grant if they have been over one year out of the country, as it bears very heavily on young people's options when employment opportunities are scarce. [33926/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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The residency clause of the scheme requires, in the case of a candidate under 23, that the candidate's parents or guardians to have been resident in the administrative area of a Local Authority from 1st October of the previous year. In the case of an independent mature candidate the candidate himself/herself must have been resident in the administrative area of a Local Authority from 1st October of the previous year. The Local Authority has discretion to waive this requirement in exceptional circumstances. I would, however, point out that the type of situation where residency is waived is, for example, where an independent mature candidate him/herself has missed the residency requirement by a relatively short period of time. In cases where a candidate returns to the State following a period abroad and where the awarding body decides, at its discretion, to waive the residency requirement the candidate may be assessed for the grant without meeting the prescribed residency requirement from 1st October of the previous year.

One of the main considerations in this type of case is the period of time a candidate has resided outside of the State. The Department suggests that in such cases, the residency requirement may be waived at the discretion of the awarding body only where the period of time abroad does not exceed one year.

On this basis, and on condition that the students submits satisfactory evidence of independent residence prior to going abroad and for the period after their return, the Department has no objection to a candidate being assessed as an independent mature candidate for the purpose of the grant application.

In cases where a candidate has been out of the country for a period of time of more than one year before commencing his/her course, irrespective of whether or not he/she can produce evidence of independent living prior to going abroad, he/she would not be eligible to be considered under the residency clause of the scheme.

In publishing the student grant schemes for 2009/10 earlier this year, I gave notice that it is intended to introduce a revised residency requirement of three out of the last five years with effect from 2010/11, in line with the provisions in the Student Support Bill. This will allow for greater flexibility in meeting the residency requirement. Section WRTTT follows.