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Student Grant Scheme Eligibility

Dáil Éireann Debate, Tuesday - 25 September 2012

Tuesday, 25 September 2012

Questions (278, 283)

Michael Healy-Rae

Question:

278. Deputy Michael Healy-Rae asked the Minister for the Environment; Community and Local Government if local authorities are entitled to withhold grant payments to students whose parents may or may not have paid the household charge; and if he will make a statement on the matter. [40695/12]

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Martin Ferris

Question:

283. Deputy Martin Ferris asked the Minister for the Environment; Community and Local Government his views on a report that Clare County Council is linking the payment of third level grants to non payment of the household charge; and if he will make a statement on the matter. [40175/12]

View answer

Written answers

I propose to take Questions Nos. 278 and 283 together.

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislation underpinning the household charge. Under the legislation, it is a function of a local authority to collect the household charges and associated late payment penalties due to it and all such charges and late payment penalties imposed and payable to a local authority are under the care and management of the local authority concerned. In this regard, application of the legislation in particular circumstances is a matter for the relevant local authority. Section 7 of the Local Government (Financial Provisions) (No. 2) Act 1983 provides that where a sum is due to a local authority in respect of a charge under any enactment and at the same time, another sum is due by the local authority to the same person, the local authority may set-off the money owing to it against the money it pays out. Local authorities are thus legally empowered to withhold money due to an individual if that person owes unpaid charges to the local authority . However, this does not apply to higher education grants, which are administered by local authorities on behalf of the Department of Education and Skills. The Student Support Act 2011 does not provide for withholding the payment of a student grant on foot of non-payment of the household charge.

I am aware that Clare County Council recently issued letters in relation to the disbursal of higher education grants and asked in the letter for applicants to indicate if the household charge had been paid in respect of the relevant household. I understand that the question was added in order to facilitate the local authority’s information gathering in respect of collection of the household charge and was not linked to the assessment of grant applications, which will be processed in the normal way. No moneys have been withheld by any local authority in respect of higher education grants.

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