Jack Wall (Kildare South, Labour)
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Question 102: To ask the Minister for Education and Skills if a person (details supplied) who has stamp 4 status to remain here is entitled to make an application for a third level grant, notwithstanding the fact that they have to meet all of the other qualifying conditions; and if he will make a statement on the matter. [13768/11]

Ruairi Quinn (Dublin South East, Labour)
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There is nothing to preclude any individual from making an application for a student grant. The decision on eligibility for a grant is a matter for a student's local grant awarding body – the relevant local authority or VEC. The Deputy will appreciate that in the in the absence of all of the relevant details that would be contained in an individual's application form, including those relating to age, residence, means, nationality and previous academic attainment, it would not be possible for me to say whether a student would qualify for a grant. However, the specific clause relating to nationality in the 2010-11 student grant schemes stipulates that:

Candidates must be a national of –

(i) an EU Member State,

(ii) a state which is a contracting state to the EEA Agreement,

(iii) the Swiss Confederation, or

- a refugee or other person entitled for the time being to the rights and privileges specified in section 3 of the Refugee Act 1996; or

- be a person, pursuant to the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) –

(i) who the Minister for Justice, Equality and Law Reform has determined is eligible for the time being for subsidiary protection pursuant to Regulation 4 of those Regulations, or

(ii) to whom the Minister for Justice, Equality and Law Reform has granted permission for the time being in writing to enter and reside in the State pursuant to Regulation 16 of those Regulations; or

- have permission to remain in the State as a family member of a Union citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 and Directive 2004/38/EC of the European Parliament and of the Council; or

- have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the dependent child of such person, not having EU nationality; 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.

The student in question is advised to apply to his or her grant awarding authority for assessment of eligibility or otherwise for a grant taking the totality of the provisions of the schemes into account.