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Thursday, 29 Jan 2015

Written Answers Nos. 162 - 169

Home Tuition Scheme

Questions (162)

Patrick O'Donovan

Question:

162. Deputy Patrick O'Donovan asked the Minister for Education and Skills the progress that has been made to date regarding a proposal sent to her to set up an interim group home tuition setting (details supplied). [4162/15]

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Written answers

In recent years my Department has approved a number of group arrangements with private pre-school providers in respect of children who are eligible for and who have received approval for tuition under the Home Tuition Scheme.

My Department is in receipt of the proposal to which the Deputy has referred. My officials have been in contact with the group and are arranging a meeting to discuss the proposal.

School Placement

Questions (163)

Bernard Durkan

Question:

163. Deputy Bernard J. Durkan asked the Minister for Education and Skills the options available in respect of second level education for the child of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [4190/15]

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Written answers

The Educational Welfare Services (EWS) of the Child and Family Agency is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The EWS may be able to offer assistance and advice on securing a school placement within the pupil's area. The contact details for the EWS Child and Family Agency Head Office, 16-22 Green Street, Dublin 7, phone number 01-8738700.

The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

Under section 15 (2) (d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents' choice are respected. If a parent feels that they may have experienced discrimination, they may wish to contact the Equality Tribunal which is an independent State body set up to investigate or mediate complaints of discrimination. They can be contacted at The Equality Tribunal, Davitt House, 65A Adelaide Road, Dublin 2, Tel: +353 1 6136800 or Email: info@equalitytribunal.ie.

Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of a Educational Training Board (ETB) school to the ETB in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.

Student Grant Scheme Eligibility

Questions (164)

Willie Penrose

Question:

164. Deputy Willie Penrose asked the Minister for Education and Skills the financial assistance that will be available in respect of a PAYE earner who earns approximately €60,000 gross, which would be substantially less on a net basis when tax and universal social charge are deducted therefrom, and who has three children attending third level institutions in 2015-2016 at the same time; and if she will make a statement on the matter. [4219/15]

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Written answers

The means test arrangements of the Student Grant Scheme are applied nationally on the same basis to both employed and self-employed applicants. Gross income before the deduction of income tax or universal social charge, is assessed with certain specified social welfare and health service executive payments excluded.

Therefore, the assessment of income from the same starting point is deemed to be fair and reasonable because this approach eliminates any distortion which might arise from different spending decisions in different households.

The Student Grant Scheme provides for different levels of income thresholds where families have (i) less than 4 dependent children (ii) between 4 and 7 dependent children and (iii) 8 or more dependent children.

In addition to this and in recognition of the additional cost to families where more than one person is attending college, income thresholds may be increased for each additional family member attending college at the same time by a rate up to a maximum of €4,980.

The Deputy will be aware that tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education in EU Member States and in non-EU countries. Families who pay student contributions for more than one student in a year can also claim tax relief on the second and subsequent contributions. Further information on this tax relief is available from the Revenue Commissioners on www.revenue.ie.

In the interest of equity, I have no plans to change the current arrangement.

Schools Refurbishment

Questions (165)

Seán Kenny

Question:

165. Deputy Seán Kenny asked the Minister for Education and Skills the funding that has been provided for the building of an extension for a school (details supplied) in Dublin 13; and if she will make a statement on the matter. [4231/15]

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Written answers

I wish to advise the Deputy that a building project to provide an extension to the school in question is currently at Stage 2A of the architectural planning process. The Patron Body and their Design Team are finalising the Stage 2A report for presentation to my Department.

Upon completion of this presentation and submission of the report to my Department and subject to no issues arising, the project will be authorised to proceed to Stage 2B - Detailed Design Stage. This includes applications for Planning Permission, Fire Safety Certification, Disability Access Certification and the preparation of tender documents.

In relation to school projects that are currently within the Department's architectural planning process, but have not been included in the 5 Year Plan, as is the case with the school in question, these projects will continue to be progressed through architectural planning up to tender stage so that they will be well placed for progression in anticipation of further funds being available to the Department.

Special Educational Needs Staff Remuneration

Questions (166, 167)

Pat Deering

Question:

166. Deputy Pat Deering asked the Minister for Education and Skills if an application for partial redundancy for a special needs assistant (details supplied) in County Kilkenny was received in her Department; and if a decision regarding same has been made. [4255/15]

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Pat Deering

Question:

167. Deputy Pat Deering asked the Minister for Education and Skills if her attention has been drawn to the fact that if special needs assistants change school they may be excluded from receiving a redundancy payment even though they continue to work for her Department, due to the respective boards of management being their employer in theory; and her plans to correct this apparent anomaly. [4256/15]

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Written answers

I propose to take Questions Nos. 166 and 167 together.

The person referred to by the Deputy was employed in a full time Special Needs Assistant (SNA) post until 31 August 2014. From that date, the post in question became surplus to the allocation of SNAs to the school and the SNA was deemed to be a member of the SNA Supplementary Assignment Panel.

The person referred to, obtained a part time SNA post (0.83 of a full time post) in another school from 1 September 2014 via the SNA Supplementary Assignment Panel mechanism. As outlined in my Department's Circular 44/2014 (Recruitment of Special Needs Assistants – Supplementary Assignment Arrangements for the 2014/2015 school year) and the accompanying FAQ document, an SNA who is deemed to be a member of the Supplementary Assignment Panel and who is appointed to a further SNA position on or before 1 June 2015 will carry forward any service that s/he has already accrued as an SNA with their previous employer. This will be carried forward and reckonable, for redundancy purposes only, if a future redundancy situation arises in respect of that person. As a result, the person referred to by the Deputy is not at this point entitled to a compensation payment in respect of the difference between the full time post and the part time post. However, the previous service will be carried forward and reckonable, for redundancy purposes only, if a future redundancy situation arises for this person.

Ministerial Correspondence

Questions (168)

Lucinda Creighton

Question:

168. Deputy Lucinda Creighton asked the Minister for Education and Skills the total number of representations in written or oral form she or her officials or advisers have received from a person (details supplied) seeking persons to be appointed to positions that fall under her remit since March 2011; if she will provide the details of these persons for whom the Member made representations; and if she will make a statement on the matter. [4272/15]

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Written answers

I can confirm to the Deputy that no representations, written or oral form, were received by me, my special advisers or officials in my Department from the member in question seeking persons to be appointed to positions that fall under my remit since March 2011.

Commercial Rates

Questions (169)

Finian McGrath

Question:

169. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will support the introduction of a small business rate relief scheme to assist small businesses in 2015; and if he will make a statement on the matter. [4139/15]

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Written answers

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority.

The Local Government (Rates) Act 1970 provides for the operation of rates waiver schemes. Under the provisions, a rating authority may make and carry out a scheme providing for a waiver of all or a portion of commercial rates due by ratepayers in respect of a specified class or classes of property. The formulation of such a scheme is a matter reserved for the members of the relevant local authority and is subject to my consent as Minister for the Environment, Community and Local Government.

I would consider carefully any application received for a rate waiver scheme. In considering any such application, it has to be borne in mind that a waiver of rates for one class of ratepayer could unfairly impact on existing businesses in the area by giving a competitive advantage to a certain group through a reduction in costs. As such, it would be necessary to consider State Aid rules in relation to the provision of any such relief. In addition, the introduction of a waiver scheme could further increase costs on the part of businesses that are not part of the scheme, as it is likely that they would be required to make up the cost of the waiver scheme through the payment of additional rates. This could impose an additional burden on such ratepayers.

Recent developments have seen some local authorities introduce locally designed business incentive schemes which promote the use of vacant commercial property. Such schemes rely upon Part 9 of the Local Government Act 2001 which provides that the functions of local authorities include providing grants, loans guarantees or other financial aid to promote the interests of the local community, including economic interests. Unlike rates waiver schemes under section 2 of the Local Government (Rates) Act 1970, no Ministerial sanction is required for the setting up of these schemes.

I will continue to keep commercial rates related issues under consideration.

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