All your education questions answered by Brian Mooney.

My 20-year-old daughter is completing a degree at a private college and now wishes to switch to a CAO course at another non-fee paying college. Is she eligible to take up her entitlement to free third- level education at this stage? I contacted the Department of Education and Science and the person I spoke to told me she wasn't, but I have heard since that she may be. I wonder if you could clarify this matter for me.

I am afraid to tell you, that unfortunately your daughter will have to pay the full fee (which can range from €€5,000 to €€9,000 depending on the course selected) in any course she now selects, in a college funded by the Department of Education and Science. As you will remember, in the mid-1990s the then Minister for Education and Science, Niamh Breathneach, decided the State should pay the tuition fees for all students, who selected a programme at certificate, ordinary degree or honours bachelor degree level. Every eligible Irish or EU citizen has the right to avail of this State-funded offer for each year of a programme of study. If a student drops out of a programme, or has to repeat a year, the college in question will still have to be paid. As the State subsidy can only be drawn down once, the student or their parent, will have to pay the college the second time around.

If a student decides to accept a place in a private fee-paying college, the Revenue Commissioners will reimburse 20 per cent of the fees paid, by allowing the person paying the fee to claim tax relief at the standard rate. The Department of Education does not differentiate between the types of the support provided to students. They can have their full fee paid in a State-funded course, or they can avail of tax relief on the fees paid to a private college. But, once a student has activated either option, he or she will have used up this entitlement and will have to pay if he or she takes that year in any course a second time around as your daughter is now planning to do.

To ensure total clarity on this issue, I outline below the regulation governing free fees as provided by the DES.

"Under the terms of the Free Fees Initiative the Department of Education and Science meets the tuition fees of eligible students. The main conditions are that students must be (a) First-time undergraduates; (b) Hold EU nationality or official refugee status and (c) Have been ordinarily resident in an EU Member State, for at least three of the five years preceding their entry to an approved third-level course.

"Eligibility is determined at date of entry to the course of study. A student who seeks to pursue a second undergraduate course is not eligible for support under the scheme. These restrictions apply to every student who already holds a qualification irrespective of where that qualification was obtained or whether or not funding was previously awarded.

"Where students have pursued a course of third-level study which has attracted Exchequer funding e.g. free fees, maintenance grants, or tax relief subsidy towards course cost, and who have not secured a terminal qualification i.e. who did not complete the course in question and subsequently resume third level studies, are not eligible for free fees for the equivalent period of time spent on the first course of study. Part-time and evening students are included in this category.

"Section 473A, of the Taxes Consolidation Act 1997 provides for tax relief at the standard rate of tax for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in EU Member States and in non EU countries. In this regard, it should be noted that it is the course that is covered by the tax relief scheme, irrespective of whether the tax relief is availed of or not."