The requirement for three out of the past five years takes cognisance of and provides a generous degree of flexibility for students who may wish to take time out to travel or work outside the State. These students can still meet the residency requirement if they have not been outside the State for more than two of the previous five years.
The residency requirements of the Student Grant Scheme seek to ensure that those applying for a grant assistance will have a more established linkage with and integration into the State, a concept recognised in EU law and accepted across the EU.
Under Article 32 of the Student Grant Scheme there is provision for a review of eligibility for students who did not meet the residency requirement at the commencement of their studies to have their eligibility for grant assistance reviewed if they meet the residency requirement during the course of their studies.
Any amendments or extension to the student grant legislation would have financial implications and would have to be considered in the context of overall budgetary constraints and competing demands on available funding.