Student Grant Scheme, 2011

• Jurisdiction: Ireland
• Citation: IR SI 305/2011
• Year: 2011

ARRANGEMENT OF SCHEME

Part 1

Preliminary and general

1. Citation.

2. Commencement and application.

3. Interpretation.

Part 2

Scheme of grants

4. Persons to whom the Scheme applies.

5. Awarding authority.

6. Classes of grant.

7. Maintenance grant.

8. Fee grant.

9. Tuition fee element of fee grant.

10. Student contribution element of fee grant.

11. Field trip element of fee grant.

12. Classes of applicant.

13. Eligibility exclusions.

14. Period of eligibility and progression.

15. Post leaving certificate courses — progression.

16. Undergraduate courses — progression.

17. Postgraduate courses — progression.

Part 3

Reckonable income

18. Reckonable income limits and eligible payments.

19. Reference period.

20. Person whose income is considered.

21. Determination of reckonable income — general.

22. Determination of reckonable income — self-employment and farming, including rental and other income from land and property.

23. Determination of reckonable income — secondary income.

24. Treatment of losses.

Part 4

Award of grants

25. Offer and award of grant and transfer of status.

26. Rates and value — maintenance grant.

27. Rates and value — fee grant, tuition fee element.

28. Rates and value — fee grant, student contribution element.

29. Rates and value — fee grant, field trip element.

30. Review of eligibility during academic year.

Part 5

Application, provision of information and payment

31. Appropriate awarding authority.

32. Application time limits.

33. Applications generally.

34. Submission of information.

35. Payment of maintenance grants.

36. Payment of fee grants.

37. Overpayments.

Part 6

Appeals

38. Appeals to appeals officers.

39. Appeals to Appeals Board.

Schedule 1

Reckonable income limits for maintenance and fee grants for the 2011/12 academic year.

Schedule 2

Eligible payments for the special rate of maintenance grant for the 2011/12 academic year.

Schedule 3

Rates of maintenance grant for the financial year 2011.

Schedule 4

Maximum overall limits for a fee grant for the 2011/12 academic year.

Schedule 5

Documentary evidence.

S.I. No. 305 of 2011

STUDENT GRANT SCHEME 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st July, 2011.

I, RUAIRI QUINN, Minister for Education and Skills, in exercise of the powers conferred on me by section 16 of the Student Support Act 2011 (No. 4 of 2011), with the consent of the Minister for Finance, hereby make the following scheme of grants:—

Part 1

Preliminary and general

Citation

1. This Scheme may be cited as the Student Grant Scheme 2011

Commencement and application

2. (1) This Scheme shall come into operation on 27 June 2011.

(2) This Scheme applies in relation to the provision of grants to students in the 2011/12 academic year, where such year begins on or after 1 September 2011, irrespective of whether anything done under this Scheme is done before, on or after 1 September 2011.

Interpretation

3. (1) In this Scheme—

“Accelerated Technician Programme” has the meaning assigned to it in Regulation 4(b)(viii) of the Regulations;

“Act” means the Student Support Act 2011 (No. 4 of 2011);

“appeals officer” means a person designated under section 20(1) of the Act;

“approved course” shall be construed in accordance with section 8 of the Act and Regulation 4 of the Regulations;

“approved institution” shall be construed in accordance with section 7 of the Act and Regulation 3 of the Regulations;

“awarding authority” means—

(a) a vocational education committee, or

(b) a local authority;

“dependent child” shall be construed in accordance with section 16(7) of the Act and article 18(8);

“dependent student” means a class of applicant coming within the meaning of that term in accordance with article 12;

“EU rate of fee” means the fee determined and charged by an institution for a course to European Union, EEA and Swiss nationals, and related categories of student;

“field trip” means a trip which is compulsory and an integral part of a course, which is for fact-finding or research purposes, and without which the student cannot graduate or progress to the next year of the course;

“framework of qualifications” means the framework of qualifications established and maintained pursuant to section 7 of the Qualifications (Education and Training) Act 1999 (No. 26 of 1999);

“Free Fees Schemes” includes the Free Fees Schemes and the Middle Level Technician Programme (M.L.T) and the Higher Technical and Business Skills Programme (H.T.B.S.) which provide for the Exchequer to meet the tuition fees of eligible students attending approved full-time undergraduate courses in approved institutions in the State who meet the criteria of those initiatives;

“independent student” means a class of applicant coming within the meaning of that term in accordance with article 12;

“Member State” means, where the context so admits, Member State of the European Union;

“Minister” means the Minister for Education and Skills;

“normal residence” shall be construed in accordance with article 7(2);

“postgraduate course” means a course leading to a major higher education and training award at Level 8 (Higher Diploma), Level 9 (Postgraduate Diploma, Masters Degree), Level 10 (Doctoral Degree) of the framework of qualifications or equivalent awards;

“post leaving certificate course” has the meaning given to it in Regulation 4(a) of the Regulations;

“prior scheme” means the Higher Education Grants (HEG) Scheme made pursuant to the Local Authorities (Higher Education Grants) Acts 1968 to 1992 or the schemes administered by a Vocational Education Committee, namely the Vocational Education Committees’ (VEC) Scholarship Scheme, the Third Level Maintenance Grants Scheme for Trainees (TLT) and Maintenance Grants Scheme for Students attending Post Leaving Certificate (PLC) courses;

“recognised awarding body in the State” means—

(a) the Higher Education and Training Awards Council (HETAC);

(b) one of the universities in the State;

(c) the Royal College of Surgeons in Ireland;

(d) the Further Education and Training Awards Council (FETAC);

(e) one of the Institutes of Technology with delegated authority; or

(f) the Dublin Institute of Technology;

“Regulations” means the Student Support Regulations 2011 ( S.I. No. 304 of 2011 );

“relevant persons” include—

(a) dependent children,

(b) a dependent student’s parent(s), and

(c) an independent student’s spouse, civil partner or cohabitant;

“student” shall be construed in accordance with section 14(1) of the Act and Regulation 5 of the Regulations;

“student contribution” means the charge payable by students who are deemed eligible for free tuition fees under the Free Fees Schemes. This contribution encompasses the student services charge and a contribution by students towards tuition costs;

“tuition student” has the meaning given to it by section 14(7) of the Act;

“undergraduate course” means a course leading to a major higher education and training award at Level 6 (Higher Certificate), Level 7 (Ordinary Bachelor Degree), Level 8 (Honours Bachelor Degree) of the framework of qualifications, or equivalent awards, other than a course known for the time being as a post leaving certificate course;

(2) A word or expression which is used in this Scheme and which is also used in the Act has, unless the context otherwise requires, the same meaning in this Scheme as it has in the Act.

(3)(a) A reference in this Scheme to an article is to an article of this Scheme, unless it is indicated that reference to some other instrument is intended.

(b) A reference in this Scheme to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(c) A reference in this Scheme to a Schedule is to a Schedule to this Scheme, unless it is indicated that reference to some other instrument is intended.

Part 2

Scheme of grants

Persons to whom the Scheme applies

4. (1) This Scheme applies to students or tuition students who wish to apply for a grant in respect of attendance on an approved course, in an approved institution, in the academic year 2011/12, other than a person attending a course who was, prior to the coming into operation of section 6 of the Act and this Scheme, awarded a grant to attend their current course under a prior scheme.

(2) An applicant who meets the definition of “student” or “tuition student” and who is attending an approved course in an approved institution shall be eligible to be considered for a grant subject to and in accordance with this Scheme.

(3) An applicant is a student or tuition student in connection with an approved course if, in assessing his or her application for a grant, the awarding authority determines that the person meets or will meet the definition of a “student” or “tuition student” as construed in accordance with section 14 of the Act and Regulation 5 of the Regulations.

(4) To be eligible for a grant in the academic year under this Scheme, a person who meets the definition of student or tuition student who is pursuing an approved course in an approved institution must fulfil the specific eligibility conditions of this Scheme contained in articles 13 to 17 and must have a reckonable income within the limits and other requirements set out in articles 18 to 24.

Awarding authority

5. An applicant’s entitlement to a grant shall be assessed by the awarding authority deemed appropriate pursuant to article 31.

Classes of grant

6. For the purposes of this Scheme there shall be two classes of grant as follows—

(a) a maintenance grant; and

(b) a fee grant.

Maintenance grant

7. (1) A maintenance grant is a contribution towards the living costs of a...