Students get court approval to challenge maintenance-scheme changes

The High Court has granted permission to a group of third level students to challenge the Minister for Education's decision to change the students maintenance grant scheme.

The action is seen as a test case brought on behalf of students, who are attending various third level colleges around the country.

In their proceedings, the students are seeking orders from the court quashing the Minister's decision to change the rules governing how far a student must live from college in order to receive a higher (non-adjacent) rate of grant payment.

The changes were proposed by the previous government in December 2010. They remained prospective until the publication earlier this month of the grant schemes for the 2011-12 academic year.

In their action against the Minister for Education and Skills the students, who all live more than 24km from the colleges they attend, are seeking orders quashing the decision to change the 24-kilometres threshold to 45 kilometres or more.

They are also seeking orders reducing the automatic eligibility of mature students to the higher non-adjacent rate of grant. They are further seeking an order restoring the grants in question.

They also seek declarations from the Court that the changes are in breach of sections of the Student Support Act 2011 and that the Minister has acted in an unfair Manner.

Leave to bring the proceedings was granted, following an ex-parte (one side only) application, by Mr Justice Michael Peart. The Judge made the matter returnable to a date in October.

The court heard that the students bringing the action receive grants of approximately €6,100 to €6,700 per year, but under the proposals those grants would be reduced in some cases by as much as 60%, causing great hardship.

Moving the application Pat Butler SC said the students have a legitimate expectation that their maintenance grants would not be reduced while they remained in their courses.

Counsel said that the Government claim that improvements to public transport made it more feasible to commute to college from long distances. However counsel said that the students reject that claim.

The students' action is being supported by the Union of Students of Ireland (USI).

After today's proceedings, solicitor Mr Alan Wallace of Mangan O'Beirne Solicitors for the students said the outcome of the case is likely to affect thousands of people currently attending third level college.