The statutory framework for the maintenance grants scheme, as set out in the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, provides for means-tested higher education grants in order to assist students to attend full-time third level education.
Generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to age, residence, means and nationality.
My Department understands that the person in question does not satisfy the relevant condition relating to means and, accordingly, has been deemed ineligible for a higher education grant by the relevant local authority.
Under the free fees initiative my Department meets the tuition fees of eligible students who are attending full-time undergraduate courses, which must generally be of at least two years duration, at approved colleges. There is a residency requirement in the criteria relating to the free fees initiative to the effect that tuition fees are payable in respect of eligible EU nationals who have been ordinarily resident in an EU member state for at least three of the five years preceding entry to their third-level course. This condition applies equally to all EU nationals, including Irish nationals.
The person in question was deemed ineligible for free fees by the third level institution concerned, on the basis that she did not fulfil the residency requirement.
The person concerned then requested that this decision be reviewed by my Department.
Having taken the information provided by the person in question into consideration, it appears that, at most, she could be considered to have been resident in an EU member state for just two years and ten months in the five years preceding entry to third level. Short periods spent in Ireland while on annual leave cannot be reckonable for the purpose of meeting the minimum residency requirement.
Accordingly, she is ineligible to benefit under the free fees initiative and will therefore be liable for tuition fees in respect of her undergraduate studies.
I informed the person involved of this outcome by letter dated 12 October 2000.
The conditions and terms of the free fees initiative are of general application and, accordingly, it is not possible to make an exception in individual cases such as this.