S.I. No. 189/2012 - Student Grant Scheme 2012.

1. Blind Pension

2. Carer’s Allowance

3. One Parent Family Payment

4. Deserted Wife’s Allowance

5. Disability Allowance

6. Farm Assist

7. Jobseeker’s Allowance (where held for 391 days or more)*

8. State Pension (Non-Contributory)

9. Guardian’s Payment (Non-Contributory)

10. Pre-retirement allowance

11. Widow’s, Widower’s or Surviving Civil Partners (Non-Contributory) Pension

Social Insurance Payments

12. Carer’s Benefit

13. Deserted Wife’s Benefit

14. Invalidity pension

15. Incapacity Supplement

16. Occupational Injuries Death Benefit (Orphan’s pension)

17. Occupational Injuries Death Benefit (pension for a widow or widower)

18. State Pension (Contributory)

19. Guardian’s Payment (Contributory)

20. Jobseeker’s Benefit (continuous for at least 12 months)*

21. Widow’s, Widower’s or Surviving Civil Partners (Contributory) Pension

22. State Pension (Transition)

Designated Programmes

23. Back to Education Allowance (Second Level and Third Level Options)

24. Back to Work Allowance (Employees)

25. Back to Work Enterprise Allowance

26. Community Employment Scheme

27. Rural Social Scheme

28. Tús Initiative

29. FÁS Training Programmes, including Apprenticeships

30. Part time job incentive scheme

31. Vocational Training Opportunities Scheme (VTOS)

Others

32. Foster Care Allowance where paid in respect of the applicant

33. Family Income Supplement (FIS)

34. In receipt of payments under the FIT (Fastrack to IT) initiative equivalent to a social welfare payment;

35. Participants on a training course approved by a Government Department, State Agency or Area Partnership and who were in receipt of an eligible payment prior to progressing to the programme;

36. Grant aided employees in Community Services Programmes (formerly social economy enterprises);

37. In receipt of payments under the Senior Traveller Training Centre programmes.

*Combine periods of Jobseeker’s Allowance and Jobseeker’s Benefit and other eligible payments for purposes of meeting 391 days.

The Department of Social Protection Illness Benefit can also be used to combine periods of Jobseeker’s Allowance and Jobseeker’s Benefit provided a period of Jobseeker’s Allowance or Jobseeker’s Benefit comes directly before and directly after the period of Illness Benefit.

SCHEDULE 3

Rates of maintenance grant for the financial year 2012

Annual Rates

Non-Adjacent Rate

Adjacent Rate

Special rate of maintenance

5,915

2,375

Standard rate—Full Maintenance (100%)

3,025

1,215

Standard rate—Part Maintenance (75%)

2,270

910

Standard rate—Part Maintenance (50%)

1,515

605

Standard rate—Part Maintenance (25%)

755

305

SCHEDULE 4

Maximum overall limits for a fee grant for the 2012/13 academic year

Tuition Fee Element

In respect of the following courses

Maximum fee limit Full (100%) grant in respect of tuition fees

Maximum fee limit Part (50%) grant in respect of tuition fees

Approved undergraduate courses to which the Free Fees Schemes applies.

100% of the EU rate of fee

50% of the EU rate of fee

Approved undergraduate courses provided in the State to which the Free Fees Schemes does not apply.

€6,270

€3,135

Approved postgraduate courses provided in the State or Northern Ireland.

€6,270

€3,135

Student Contribution Element

Rate

Full (100%) grant in respect of the student contribution charge

€2,250

Part (50%) grant in respect of the student contribution charge

€1,125

Field Trips Element

[Calculation of value available towards compulsory costs]

Maximum Fee Limit

€6,270

A student or tuition student who would have qualified for 100% tuition fee element of a fee grant but for the Free Fees Schemes and was awarded a grant towards the student contribution charge.

Less

the tuition fee claimed from the State by the institution under the Free Fees Schemes

- x,xxx

Less

Student Contribution

- €2,250

Equals

maximum amount if any available towards field trip element

y,yyy

Max Fee Limit Amount

€6,270

Student or tuition student who qualifies for 100% Tuition Fee element of a fee grant under the scheme of grants.

Less

EU rate of fee applicable to the course/invoiced to the student

-x,xxx

Equals

the maximum amount if any available towards field trip element

y,yyy

Postgraduate Fee Contribution

Rate

Approved postgraduate courses provided in the State or Northern Ireland.

€2,000

SCHEDULE 5

Documentary evidence

Documentary evidence for the applicant

Birth certificate.

Course Acceptance Form when the applicant has accepted a place on an approved course.

Documentary evidence for an independent student

Documentary evidence is required of residence from 1 October of the year preceding the first point of entry or re-entry to an approved course. Generally this would include

• utility bills, such as telephone, gas or electricity;

• registration with the Private Residential Tenancies Board;

• documentation received, for example, bank statement or correspondence from a government department.

Documentary evidence for separation and divorce

Evidence of separation or divorce and proof of living separately. This should include one or more of the following

• Separation agreement;

• Divorce decree;

• Decree of dissolution for a civil partnership;

• Evidence from the Department of Social Protection that the applicant is currently in receipt of a payment for a one-parent family situation, such as

– One-parent family payment;

– Deserted Wife’s Allowance.

• Where there is no legal agreement, a letter from the applicant’s solicitor confirming separation and/or that legal proceedings are pending;

• Evidence of living separately.

Documentary evidence for nationality

The documentary evidence should include at least one or more of the following

• a long form Irish birth certificate if the applicant was born on the island of Ireland before 1 January 2005;

• a certified

1

copy of the applicant’s passport;

• a national identity card issued by an EU Member State;

• a certificate of naturalisation together with a certified copy of the applicant’s passport or other official documentation;

• a foreign births registration certificate together with a certified copy of the applicant’s passport.

Documentary evidence for current immigration status

• Department of Justice and Equality letters issued to the applicant confirming details of the applicant’s immigration status in the State and/or

• Department of Justice and Equality letters issued to the applicant’s family member where the applicant’s immigration status is dependent on the family member’s immigration status in the State;

• current Garda National Immigration Bureau (GNIB) Certificate of Registration cards;

• certified copy of the applicant's passport.

Documentary evidence for residency for 3 out of the last 5 years

This may be one or more of the following

• evidence that the applicant sat the Junior Certificate and Leaving Certificate exams in Ireland, or equivalent school exams in the EU, EEA or Switzerland;

• a letter from a school principal in Ireland, the EU, EEA or Switzerland confirming the applicant’s attendance at a school;

• social welfare statements or equivalents from the EU, EEA or Switzerland;

• utility bills;

• registration with the Private Residential Tenancies Board (PRTB), or equivalent from the EU, EEA or Switzerland;

• if the applicant is a non-EEA national, a letter from the Department of Justice and Equality confirming the period of lawful presence in Ireland. Periods of unlawful presence cannot be considered.

Documentary evidence for previous courses attended

• a letter from a college or institution confirming attendance

and/or

• a copy of the award received if the applicant completed a course.

Documentary evidence for other student financial assistance

If the applicant has applied for or been offered student financial assistance or student funding from another awarding or funding body for the 2012/13 academic year, a letter from that awarding or funding body which has the following information must be submitted

• the name of the awarding or funding body, and

• a breakdown of the full amount in euro to be awarded, for example, for maintenance, fees and so on.

Documentary evidence for legal guardian

• Legal court papers.

1This is a document which has been stamped and signed as being a true copy of the original by a member of the Garda Síochána or a Commissioner of Oaths. The person certifying the copy must provide his or her name, address and telephone number.

Documentary evidence for the applicant's parents or the spouse, civil partner or cohabitant of an independent mature student

Documentary evidence for separation and divorce

Evidence of separation or divorce and proof of living separately. This should include one or more of the following

• Separation agreement;

• Divorce decree;

• Decree of dissolution for a civil partnership

• Evidence from the Department of Social Protection that the relevant person is currently in receipt of a payment for a one — parent family situation, such as

– One-parent family payment;

– Deserted Wife’s Allowance;

• Where there is no legal agreement, a letter from the relevant person’s solicitor confirming that separation and/or that legal proceedings are pending;

• Evidence of living separately.

Documentary evidence for dependent children

• Letter from a GP or relevant medical body where a dependent child is 16 years or over and is medically certified as permanently unfit for work.Additional information that may be requested

• A letter from the school or institution confirming school attendance in 2011/12;

• A birth certificate for each dependent child.

Documentary evidence where the applicant plus one or more relevant persons are attending a full-time course as specified in article 19(5)

• If the applicant plus one or more relevant persons which includes dependent children, the dependent student’s parent, or independent student’s spouse, civil partner or cohabitant are attending a full-time course, as specified in article 19(5), a letter from the college or institution confirming that the student(s) will be attending full-time in the 2012/13 academic year.

Documentary evidence for reckonable income

Documentary evidence for income from employment

• P60 for each employment held at the end of the 2011 tax year and which is issued by employer(s);

• P21 PAYE Balancing Statement for 2011 which the relevant person can get online at www.revenue.ie or by contacting their local Revenue office;

• P45 if the relevant person ceased employment in 2011;

• Payslips for the applicant’s earnings from holiday employment outside of term time in 2011;

• Income earned in a previous tax year

– a letter from the employer stating the amount earned in 2010 which was paid in 2011 and was included in the P60/P45 for 2011. The letter must also state any amount earned in 2011 which was not paid in 2011 but was carried over to be paid in 2012.

• Non-recurring overtime payments

– a letter from the employer stating the overtime will not recur in the current tax year. It will also be necessary to provide a P60 for both the 2011 and 2010 tax years. Where overtime has been disregarded as reckonable income, all such cases will be reassessed in the following academic year.

• Foreign income

– Documentary evidence for the reference period, 1 January 2011 to 31 December 2011.

Documentary evidence for social welfare payments

• a

statement

from the Department of Social Protection which has the following information

• the name of the person getting the payment,

• the type of payment,

• the amount the person got in 2011,

• whether the payment included a Qualified Adult Allowance and, if so, the amount,

• whether the payment included a Child Dependent Increase and, if so, for how many children and the amount for each child,

• the date the payments started,

• the date the payments stopped, (if applicable),

• If the relevant person is in receipt of a social welfare payment from outside Ireland, they will need to submit the above details from the relevant authority.

Documentary evidence for payments from other government departments or state agencies for example, HSE

• a

statement

from each government department or state agency with the following information

• the name of the person getting the payment,

• the type of payment,

• the amount the person got in 2011,

• the date the payments started,

• the date the payments stopped, (if applicable).

Documentary evidence for self-employment or farming

• Copy of accounts (that is, trading account, profit and loss account, capital account and balance sheet) for each business for the year ending between 1 January 2011 and 31 December 2011. The accounts extracts pages from the applicant’s Return of Income

do not

satisfy this accounts requirement;

• Adjusted Profit Computation for income tax for the 2011 tax year;

• Notice of Assessment for 2011 or its foreign equivalent;

• If it applies a current letter from the Revenue Commissioners exempting the relevant person from filing tax returns or equivalent from another state;

• If the accounts contain a wage or remuneration expense, a detailed breakdown of wages paid to the following as outlined in article 23(1)(d) must be provided;

• wages or payments made without applying the PAYE and PRSI regulations or equivalent regulations;

• wages or payments to dependent children;

• wages or payments to non-dependent children where the payment is above the norm for the work undertaken.

Documentary evidence for rental income from land and properties

• Copy of accounts (that is, trading account, profit and loss account, capital account and balance sheet) or statement of rental income for the year ended 31 December 2011. The accounts extracts pages of the applicants Return of Income

do not

satisfy this accounts requirement;

• Adjusted Profit Computation for income tax for the 2011 tax year;

• Notice of Assessment for 2011 or its foreign equivalent;

• If it applies, a current letter from the Revenue Commissioners exempting the relevant person from filing tax returns or equivalent from another state;

• If the accounts contain a wage or remuneration expense, a detailed breakdown of wages paid to the following as outlined in article 23(1)(d) must be provided;

• wages or payments made without applying the PAYE and PRSI regulations or equivalent regulations;

• wages or payments to dependent children;

• wages or payments to non-dependent children where the payment is above the norm for the work undertaken.

Documentary evidence for a proprietary director or shareholder of a limited company

• the registered name of the company;

• the registered number of the company;

• the percentage of voting rights that the relevant person controls.As part of the verification process, copies of the audited accounts of these companies may be requested.

Documentary evidence for income from pensions other than a Social Welfare State Pension

• a letter from the relevant persons employer(s) or the body/bodies administering the pension;

• P60(s) confirming the gross amount you received in 2011;

• P21 PAYE Balancing Statement or Notice of Assessment for 2011.

Documentary evidence for savings, deposit accounts or investments

• Statements of the interest/dividends paid from the financial institution or other provider, for example, bank, building society, post office or credit union etc covering the period 1 January 2011 to 31 December 2011

• P21 PAYE Balancing Statement or Notice of Assessment for 2011.

Documentary evidence for income from a maintenance arrangement

• Maintenance agreement stating the amount of maintenance received each month;

• P21 PAYE Balancing Statement or Notice of Assessment for 2011;

• Evidence of maintenance payments as well as evidence of any bills, mortgages, rent, tuition or any other such payments made as part of the maintenance arrangement.

Documentary evidence for a lump sum payment on retirement

A letter from the relevant persons employer or the body administering their pension stating

• date of retirement;

• the gross amount of the lump sum;

• the number of years of pensionable service or the number of years of contributions;

• the gross annual pension.

Documentary evidence for a lump sum payment on redundancy

A letter from the relevant persons employer stating

• the date of cessation of employment or redundancy;

• the gross amount of the lump sum;

• the number of years of service with the employer.

Documentary evidence for the disposal of an asset and right

• A completed Disposal of Assets and Rights Table;

• Capital Gains Tax Computation for 2011

Documentary evidence for the realisation of a life assurance policy

A letter from the financial institution stating

• the amount received on realisation;

• the Irish tax deducted;

• the amount(s) paid in premium(s);

• the date the first premium was paid.

Documentary evidence for gifts or inheritances

• a completed Gifts and Inheritances Table

• a letter from the executor/donor;

• Capital Acquisitions Tax Return, if applicable.

Documentary evidence for any other income not mentioned above

Evidence from the appropriate person or body showing

• the gross income or the gross amount received in 2011;

• the source of the income;

• a full description of the income.If the relevant person received income from woodlands in 2011 a completed Woodlands Table must be submitted.

Documentary evidence for legally enforceable maintenance payments

• a copy of the separation or divorce agreement;

• P21 PAYE Balancing Statement or Notice of Assessment for 2011.Supporting documents for the actual payments, for example, bank statements may also be requested.

Documentary evidence for pension contributions towards retirement

• a letter from the financial institution or agency that provides the retirement product outlining the contributions made directly by the relevant person in 2011 or for public service pension levy, the Pension-Related Deduction End of Year Certificate for 2011

• P21 PAYE Balancing Statement or Notice of Assessment for 2011.

Documentary evidence for changes in circumstances

• a completed application form for 2012/13 together with all of the required documentary evidence necessary in support of the application and

• documentary evidence to show the change of circumstances that has occurred (i.e. if the change is in relation to reckonable income you will need to provide documentary evidence to show that the income between January 2012 and the end of the academic year 2012/13 has fallen and that the fall in income is likely to continue for the duration of the approved course, if the change is in relation to the number of dependent children you will need to provide a copy of the additional child’s birth certificate, if it is in relation to the number of relevant persons attending a full-time course as outlined in article 19(5) you will need to provide a letter from the college or institution confirming that the student(s) will be attending full-time in 2012/13 etc.).

The Minister for Public Expenditure and Reform consents to the making of the foregoing Scheme.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

5 June 2012.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

5 June 2012.

RUAIRI QUINN,

Minister for Education and Skills.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Scheme of Grant is made pursuant to powers conferred on the Minister for Education and Skills under the

Student Support Act 2011

.

This Scheme may be cited as the Student Grant Scheme 2012.

1 This is a document which has been stamped and signed as being a true copy of the original by a member of the Garda Síochána or a Commissioner of Oaths. The person certifying the copy must provide his or her name, address and telephone number.

38. (1) The tuition fee element of a fee grant payable under this Scheme shall be paid by the awarding authority, to the approved institution, in line with the rate of fee awarded, upon receipt of—

(

a

) an appropriate invoice from the approved institution in respect of the applicable tuition fee, and

(

b

) confirmation of registration, as supplied by the approved institution.

(2) The student contribution element of a fee grant payable under this Scheme shall be paid by the awarding authority, except in the case of applicants attending approved courses at Level 6 or 7 of the framework of qualifications in an approved institution in Part B and C of Schedule 1 of the Regulations, who were awarded a grant in respect of such course prior to the coming into operation of this scheme, in which case payments shall be made by the Department of Education and Skills, to the approved institution, in line with the student contribution rate awarded, upon receipt of—

(

a

) an appropriate invoice from the approved institution in respect of the applicable student contribution fee, and

(

b

) confirmation of registration.

(3) The field trip element of a fee grant payable under this Scheme shall be paid by the awarding authority to the student or tuition student, in line with provisions in Schedule 4, upon receipt of the following documents—

(

a

) a field trip form—

(i) with the relevant sections completed, verified and stamped by the approved institution, and

(ii) with relevant sections completed and signed by the student or tuition student; and

(

b

) receipts for expenses being claimed.

Overpayments

39. Any overpayment made in respect of a grant awarded under this Scheme may be recovered by the paying awarding authority in accordance with section 24 of the Act.

Part 6

Appeals

Appeals to appeals officers

40. Where an applicant is aggrieved by a determination of an awarding authority under this Scheme he or she may, pursuant to section 20 of the Act, appeal against that determination to an appeals officer designated by the awarding authority under that section.

Appeals to Appeals Board

41. Where an applicant is aggrieved by a determination of an appeals officer under section 20(5) of the Act, he or she may, pursuant to section 21 of the Act, appeal against that determination to the Appeals Board.

SCHEDULE 1

Reckonable Income Limits for maintenance and fee grants for the 2012/13 academic year

Part A