Student Grant Scheme 2017.

JurisdictionIreland
CitationIR SI 125/2017
Year2017

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. Postgraduate fee contribution.

13. Classes of applicant.

14. Eligibility exclusions.

15. Period of eligibility and progression.

16. Post leaving certificate courses — progression.

17. Undergraduate courses — progression.

18. Postgraduate courses — progression.

Part 3

Reckonable income

19. Reckonable income limits and eligible payments.

20. Reference period.

21. Person whose income is considered.

22. Determination of reckonable income — general.

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

24. Determination of reckonable income — secondary income.

25. Treatment of losses.

Part 4

Award of grants

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

27. Rates and value — maintenance grant.

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

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

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

31. Rates and value — postgraduate fee contribution.

32. Review of eligibility during academic year.

Part 5

Application, provision of information and payment

33. Appropriate awarding authority.

34. Application time limits.

35. Applications generally.

36. Submission of information.

37. Payment of maintenance grants.

38. Payment of fee grants.

39. Payment of postgraduate fee contribution

40. Overpayments.

Part 6

Appeals

41. Appeals to appeals officers.

42. Appeals to Appeals Board.

SCHEDULE 1

Reckonable income limits for maintenance and fee grants for the 2017/18 academic year.

SCHEDULE 2

Eligible payments for the special rate of maintenance grant for the 2017/18 academic year.

SCHEDULE 3

Rates of maintenance grant for the financial year 2017

SCHEDULE 4

Maximum overall limits for a fee grant for the 2017/18 academic year.

S.I. No. 125 of 2017

STUDENT GRANT SCHEME 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th April, 2017.

I, RICHARD BRUTON, 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), and the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 ), with the consent of the Minister for Public Expenditure and Reform, hereby make the following scheme of grants:—

Part 1

Preliminary and general

Citation

1. This Scheme may be cited as the Student Grant Scheme 2017

Commencement and application

2. (1) This Scheme shall come into operation on 31 March 2017.

(2) This Scheme applies in relation to the provision of grants to students in the 2017/18 academic year, where such year begins on or after 1 September 2017, irrespective of whether anything done under this Scheme is done before, on or after 1 September 2017.

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); as amended by section 72 of the Education and Training Boards Act 2013 (No. 11 of 2013)

“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) an education and training board, or

(b) a local authority, or

(c) an appointed awarding authority;

“appointed awarding authority” means the City of Dublin Education and Training Board in accordance with article 4 of the Student Support Act (Appointment of Awarding Authority) Order 2012 — ( S.I. No. 161 of 2012 ) and Part 7 of the Education and Training Boards Act 2013 .

“dependent child” shall be construed in accordance with section 16(7) of the Act and article 19(8);

“dependent student” means a class of applicant coming within the meaning of that term in accordance with article 13;

“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;

“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 13;

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

“Minister” means the Minister for Education and Skills;

“national 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);

“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, Master Degree), Level 10 (Doctoral Degree) on the national 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) Quality and Qualifications Ireland (QQI);

(b) one of the universities in the State;

(c) the Royal College of Surgeons in Ireland;

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

(e) the Dublin Institute of Technology;

“Regulations” means the Student Support Regulations 2017 (S.I. No. 126 of

2017)

“relevant persons” include—

(a) dependent children,

(b) a dependent students parent(s), and

(c) an independent students 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) on the national 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 2017/18, 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 his or her 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...

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