Vol. 531 No. 2
208 Ms Shortall asked the Minister for Education and Science the reason citizens who live abroad for over three years are excluded from availing of free third level fees once they return permanently; if he will undertake to reverse this exemption: and if he will make a statement on the matter. [5383/01]
Under the free fees criteria, tuition fees will be paid in respect of EU nationals who have been ordinarily resident in an EU member state for at least three of the five years preceding their entry to a third level course subject to certain conditions. This condition applies equally to all EU nationals, including Irish nationals, in accordance with the judgment of the European Court of Justice that access to vocational training must apply equally to all EU nationals. I understand that similar residency requirements operate in the other EU member states.
To be eligible for a maintenance grant under the terms of the student support schemes, a candidate must fulfil conditions as to residence, age, academic attainments, means and nationality. To fulfil the residency requirement a candidate's parents, or, in the case of an independent mature candidate, the candidate her or himself, shall have been resident in the administrative area of the local authority from 1 October of the year prior to entry on an approved course. The local authority has discretion to waive this requirement in exceptional circumstances.
Candidates who are EU nationals and who do not satisfy the residency requirements under the free fees initiative are eligible to apply for a means tested fees only grant in respect of approved courses in the Republic of Ireland, provided they have been ordinarily resident, for a purpose other than wholly or mainly to receive full-time education, in an EU member state from 1 October of the year prior to entry to college.
