THREE STUDENTS have brought a High Court challenge to the Minister for Education’s decision to change the maintenance grant scheme.
The action is regarded as a test case brought on behalf of students attending various third-level colleges around the country and is supported by the Union of Students in Ireland.
Alan Wallace of Mangan O’Beirne Solicitors, for the students, said after yesterday’s application that the outcome was likely to affect thousands of people.
In their proceedings, the students are seeking orders 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 and came into effect earlier this month.
In their action against the Minister for Education and Skills, the three students, who all live more than 24km from college, want 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.
It is claimed the changes breach sections of the Student Support Act 2011 and that the Minister has acted in an unfair manner.
Leave to bring the proceedings was granted yesterday by Mr Justice Michael Peart, following an ex-parte (one side only) application. The judge returned the matter to a date in October.
The court heard that the plaintiff students received grants of approximately €6,100 to €6,700 per year but the proposals would reduce those sums by as much as 60 per cent. It is claimed that would cause great hardship.
Pat Butler SC, for the plaintiffs, said they had a legitimate expectation that their maintenance grants would not be reduced while they remained in their courses.
His clients rejected the Government claim that improvements to public transport made it more feasible to commute to college from long distances, counsel said.