Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th September, 2023.

I, SIMON HARRIS, Minister for Further and Higher Education, Research, Innovation and Science, in exercise of the powers conferred on me by section 16 of the Student Support Act 2011 (No. 4 of 2011), and the Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 ( S.I. No 451 of 2020 ), and with the consent of the Minister for Public Expenditure, NDP Delivery and Reform, hereby make the following scheme of grants:-

1. This Scheme may be cited as the Student Grant (Amendment) Scheme 2023.

2. This Scheme shall come into operation on 28 August 2023.

3. In this Scheme “Principal Scheme” means the Student Grant Scheme 2023 ( S.I. No. 94 of 2023 )

4. Article 13 of the Principal Scheme is amended by inserting the following after Article 13(2):

“(2a) Where an applicant enters a course listed in Part C of Schedule 2 of the Regulations, their class is defined at the first point of entry to this course or at his or her point of re-entry to this course and will continue to apply for the duration of his or her studies.”

5. Article 13(7) of the Principal Scheme is amended by substituting the following:

“(7) Where a second chance student has attended a course below undergraduate level during the 3 year break in studies, with the exception of the approved courses prescribed in Part C of Schedule 2 of the Regulations, he or she is regarded as satisfying the conditions of paragraph 6(a), subject to the rules of progression as provided for in this Scheme and Section 2 of the Act.”

6. Article 15(7)(a)(i) of the Principal Scheme is amended by substituting the following:

“(i) be required to complete an equivalent period of study on an approved post leaving certificate course, with the exception of an applicant commencing an approved course listed in Part C of Schedule 2 of the Regulations for the first time, before being eligible to be considered for a grant, or”

7. Article 15(7)(b)(v) of the Principal Scheme is amended by substituting the following:

“(v) be eligible to be considered for a grant to pursue an approved postgraduate course, or”

8. Article 15(7)(b) of the Principal Scheme is amended by inserting the following after 15(7)(b)(v):

“(vi) be required to complete an equivalent period of study on one of the approved courses listed in Part C of Schedule 2 of the Regulations and, where the repeat period of study is longer than that course, be required to complete the remainder of the repeat period on one of the approved courses listed in Part D of Schedule 2 of the Regulations, before being eligible to be considered for a grant.”

9. Article 15(7)(c)(v) of the Principal Scheme is amended by substituting the following:

“(v) be eligible to be considered for a grant to pursue an approved postgraduate course, or”

10. Article 15(7)(c) of the Principal Scheme is amended by inserting the following after 15(7)(c)(v):

“(vi) be required to complete an equivalent period of study on one of the approved courses listed in Part C of Schedule 2 of the Regulations and, where the repeat period of study is longer than that course, be required to complete the remainder of the repeat period on one of the approved courses listed in Part D of Schedule 2 of the Regulations, before being eligible to be considered for a grant.”

11. Article 15(7)(d)(v) of the Principal Scheme is amended by substituting the following:

“(v) be eligible to be considered for a grant to pursue an approved postgraduate course, or”

12. Article 15(7)(d) of the Principal Scheme is amended by inserting the following after 15(7)(d)(v):

“(vi) be required to complete an equivalent period of study on one of the approved courses listed in Part C of Schedule 2 of the Regulations and, where the repeat period of study is longer than that course, be required to complete the remainder of the repeat period on one of the approved courses listed in Part D of Schedule 2 of the Regulations, before being eligible to be considered for a grant.”

13. Article 15(10)(a) of the Principal Scheme is amended by substituting the following:

“(a) Post leaving certificate courses:

— Grant aid shall be limited to a maximum of three years in total, with the exception of a student who commences one of the approved courses prescribed in Part C of Schedule 2 of the Regulations, in which case grant aid shall be limited to a maximum of five years in total;”

14. Article 16(2) of the Principal Scheme is amended by substituting the following:

“(2) A student pursuing an approved post leaving certificate course, with the exception of a student commencing an approved course prescribed in Part C of Schedule 2 of the Regulations for the first time, is ineligible for a grant if he or she already holds a further education qualification at Level 5 or 6 of the framework of qualifications, or a third level qualification at or above Level 6 of the framework of qualifications, or equivalent qualifications.”

15. Article 16 of the Principal Scheme is amended by inserting the following after Article 16(4):

“(5) Notwithstanding paragraph (3), a student who already holds an undergraduate qualification and commences a course listed in Part C of Schedule 2 of the Regulations which leads to an award that is of a higher level than their previous undergraduate qualification shall be eligible for a grant.”

16. Article 26(4) of the Principal Scheme is amended by substituting the following:

“(4) A grant is awarded for the normal duration of the approved course but is subject to renewal each academic year. Annual renewal will be based on compliance with the reckonable income limit of the relevant academic year and the student progressing from year to year within the course, having successfully completed the part of the course as required during the previous year. The student will also be required to have registered on and continue to attend the same course and to meet all other relevant provisions of this Scheme and schemes appropriate to each relevant academic year. Renewal is subject to the approval of the awarding authority each academic year. A student progressing from an approved course listed in Part C of Schedule 2 of the Regulations to an approved course listed in Part D of Schedule 2 of the Regulations shall be treated for the purposes of this paragraph in the same manner as an applicant whose grant is subject to renewal.”

17. Schedule 2 of the Principal Scheme is amended by substituting the following:

“SCHEDULE 2

Eligible Long-term payments for the special rate of maintenance grant for the 2023/24 academic year

As at 31 December 2022, the reckonable income must include one of the eligible payments listed in this Schedule, or its equivalent from a Member State or a relevant specified jurisdiction, net of—

(a) income disregards (as set out in article 22 (4) of this Scheme); and

(b) Child Dependant Increase (C.D.I.), where paid by the Department of Social Protection.

Social Assistance Payments

1. Blind Pension

2. Carer’s Allowance

3. One Parent Family Payment

4. Jobseekers Allowance Transition

5. Deserted Wife’s Allowance

6. Disability Allowance

7. Farm Assist

8. Jobseeker’s Allowance (in respect of a period of 65 consecutive weeks of unemployment during which an applicant was in receipt of Jobseekers Allowance) *

9. State Pension (Non-Contributory)

10. Guardian’s Payment (Non-Contributory)

11. Pre-retirement allowance

12. Widow’s, Widower’s or Surviving Partner’s (Non-Contributory) Pension

13. Supplementary Welfare Allowance (where held for 15 consecutive calendar months)

Social Insurance Payments

14. Benefit Payment for 65 year olds

15. Carer’s Benefit

16. Deserted Wife’s Benefit

17. Invalidity Pension

18. Incapacity Supplement

19. Occupational Injuries Death Benefit (Orphan’s Pension)

20. Occupational Injuries Benefit — Death Benefit (Widow or Widower’s Pension)

21. State Pension (Contributory)

22. Guardian’s Payment (Contributory)

23. Jobseeker’s Benefit*

24. Widow’s, Widower’s or Surviving Civil Partner’s (Contributory) Pension

25. State Pension (Transition)

Designated Programmes

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

27. Back to Work Allowance (Employees)

28. Back to Work Enterprise Allowance

29. Community Employment Scheme

30. Rural Social Scheme

31. Tús Initiative

32. Gateway Scheme

33. Further Education and Training (FET) Courses, including Apprenticeships

34. Part-time job incentive scheme

35. Vocational Training Opportunities Scheme (VTOS)

Others

36. Foster Care and Aftercare Allowances or Adoption Maintenance Allowance where paid in respect of the applicant

37. Independent Living Allowance for Young People in Residential Care

38. Working Family Payment / Family Income Supplement (FIS)

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

40. Partial Capacity Benefit where the recipient has an underlying entitlement to Invalidity Pension

41. 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

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

* Combined periods of Jobseeker’s Allowance and Jobseeker’s Benefit and other eligible payments for purposes of meeting the prescribed period of 65 consecutive weeks of unemployment during which an applicant was in receipt of either Jobseeker’s Allowance or Jobseeker’s Benefit.

The Department of Social Protection Illness Benefit or COVID-19 Enhanced Illness Benefit or COVID-19 Pandemic Unemployment Payment or Maternity 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 or COVID-19 Enhanced Illness Benefit or COVID-19 Pandemic Unemployment Payment or Maternity Benefit.

Periods on the Youth Employment Scheme/JobBridge, the National Internship Scheme, the Work Placement Experience Programme, can also be combined with periods on other listed eligible payments provided a period on an eligible payment comes directly before and directly after the period on the Youth Employment Scheme/JobBridge/National Internship Scheme/Work Placement Experience Programme.”

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

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

28 August, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

28 August, 2023.

SIMON HARRIS,

Minister for Further and Higher Education, Research, Innovation and Science.