Brendan Griffin (Kerry South, Fine Gael)
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Question 198: To ask the Minister for Education and Skills if a dependent of a non-EU national who is married to an EU national is eligible for higher education fees and grant assistance; and if he will make a statement on the matter. [19985/11]

Ruairi Quinn (Dublin South East, Labour)
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Under my Department's Free Fees Schemes, the Exchequer meets the cost of tuition fees in respect of students who are entering approved courses for the first time and where they satisfy the relevant conditions as to residence, nationality and previous academic attainment. One of the nationality criteria is where a student has been granted 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. Where such family members are given permission to reside in the State by the Department of Justice and Equality, they will be issued with a residence card bearing the title '4EUFam'.

The decision on eligibility for a student 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 absence of all of the relevant details contained in an individual's application form, including those relating to residence, means, nationality and previous academic attainment, it would not be possible for me to say whether or not a student would qualify for a grant.

However, the nationality requirements for a grant are set out in Section 14 of the Student Support Act 2011 and in Article 5 of the Student Support Regulations 2011. It is the student's own nationality or his/her immigration status in the State that determines whether or not the nationality requirements are met. The student in question is advised to apply to his/her grant awarding authority for assessment of eligibility or otherwise for a grant taking the totality of the provisions of the governing legislation into account.