Higher education grant question

St_Crispin

ok, I have a friend who came to me for advice. I haven't had a chance to ask the college welfare officer about it yet, but maybe you guys have the answer.

My friend is in second year, going into third year. She's elegable for a grant. But there's a snag. Firstly, she's a eu non national. So whenever she calls up the grant office they tend to dismiss her off hand (please don't let this thread decend into a thread about racism, it's not really about that). She moved here 3 years ago with her mother. for 2005 there's tax records for both. However in 2005/2006 her mother got a job as a house keeper (the pay isn't as good, but she's live in so there's no rent etc to worry about and the only reason she came to the country was to be close to her daughter), and her employers don't declare her for tax. So there's no tax records for her for that year.

Now that shouldn't really matter, since my friend doesn't live with her mother and hasn't for years. She's entirely self sufficent and puts herself through college. But since she's 22 and mature student status starts at 23 the county council won't let her apply as an independant non mature student.

So my question is this, if she applys as a dependant student, she has to supply her mothers tax records which state nothing. Can the county council refuse this and forward it to the tax office for investigation?

Or how does she go about forcing the county council to recognise her as independant? She has proof that she's not living at home last year. She has tax records to show her earnings during the college year. But that's no good since they won't actually accept her application since she's under 23.

I'm not asking anyone for advice on how to break the law. I'd just like to know what her options are and especially if anyone here under 23 has managed to declare themselves independant from their parents for a county council grant.

St_Crispin

Hey,

St_Crispin wrote:

ok, I have a friend who came to me for advice. I haven't had a chance to ask the college welfare officer about it yet, but maybe you guys have the answer.

My friend is in second year, going into third year. She's elegable for a grant. But there's a snag. Firstly, she's a eu non national.

I'm just curious if you could explain the term EU non-national - do you mean she has EU nationality but isn't from Ireland, or doesn't have EU nationality? There are various requirements as to a person's status when applying for a grant:

http://www.education.ie/servlet/blobservlet/support_higher.doc?language=EN (DOC)

4.5 Nationality
4.5.1Candidates must:
- hold E.U. Nationality; or

- have Official Refugee Status; or

- have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or

- be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999; or

- have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or

- have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or

- be nationals of a member country of the European Economic Area (EEA) (see Appendix V) or Switzerland.

But I assume from what you've said that she is eligible from one of the above criterias.

So whenever she calls up the grant office they tend to dismiss her off hand (please don't let this thread decend into a thread about racism, it's not really about that). She moved here 3 years ago with her mother. for 2005 there's tax records for both. However in 2005/2006 her mother got a job as a house keeper (the pay isn't as good, but she's live in so there's no rent etc to worry about and the only reason she came to the country was to be close to her daughter), and her employers don't declare her for tax. So there's no tax records for her for that year.

Now that shouldn't really matter, since my friend doesn't live with her mother and hasn't for years. She's entirely self sufficent and puts herself through college. But since she's 22 and mature student status starts at 23 the county council won't let her apply as an independant non mature student.

So my question is this, if she applys as a dependant student, she has to supply her mothers tax records which state nothing. Can the county council refuse this and forward it to the tax office for investigation?

I don't think they would forward it for investigation - usually if there is something left out, they would request additional information. However, it could be within their rights, although again I doubt they would.

CLAUSE 12: DISCLOSURE OF INFORMATION
12.1Details of the amount of grant payable under this Scheme in respect of a grant-holder may be made available to other Government Departments/Offices and public service agencies, subject to compliance with the Data Protection Acts, 1988 and 2003.

Or how does she go about forcing the county council to recognise her as independant? She has proof that she's not living at home last year. She has tax records to show her earnings during the college year. But that's no good since they won't actually accept her application since she's under 23.

Again, I'm slightly confused at the final line - they won't accept her application? Surely she can apply at any rate?

I'm not asking anyone for advice on how to break the law. I'd just like to know what her options are and especially if anyone here under 23 has managed to declare themselves independant from their parents for a county council grant.

In relation to how you would make the Council see her as independent mature student, while the living at home and supporting herself is a bonus, the overlying rule that you've seen is that you have to be 23 on the 1st of January in the year you're starting your course. However, people have in the past managed to be eligible as being independent from their parents/guardians. I've heard of people obtaining letters from solicitors declaring the student (under 23) as completely independent for several years, but as for whether it will work is anyone's guess. The Council can obviously do what it wants, within limits, but cases of anyone under 23 being categorised as mature independent are quite rare.

If it would help, it might be an idea to give the Student Support Unit a ring. They are separate from the Council you'd be applying to, and are run by the Department of Education. They might be able to point you in the right direction.

The Student Support Unit,
Department of Education and Science,
Portlaoise Road,
Tullamore,
Co. Offaly
Tel: (0506) 21363 or (01) 8734700
E-mail: StudentSupportUnit-Tullamore@education.gov.ie