Bernard Durkan (Kildare North, Fine Gael)
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Question 293: To ask the Minister for Education and Science if a person (details supplied) in County Kildare qualifies for a third level back to education course; and if he will make a statement on the matter. [7542/10]

Batt O'Keeffe (Cork North West, Fianna Fail)
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I understand from the Deputy that in this case the student wishes to determine her eligibility for free tuition fees at third level. Under the terms of my Department's Free Fee Initiative the Exchequer meets the cost of tuition fees in respect of eligible students who are pursuing full-time undergraduate courses of study. The main conditions are that students must: a) Be first-time undergraduates; and b) Hold E.U. nationality; and c) 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 Free Fees Initiative also extends to persons with official refugee status in the State, and their family members, and to certain non EU family members of EU nationals who have permission to reside in the State from the Department of Justice. In any case where the Free Fees Initiative does not apply, the rate of tuition fee to be charged is a matter for the individual third level institutions. In that regard, 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.