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Disabled student unlawfully charged tuition fees
The Ministry of Education and Religious Affairs unlawfully obliged a disabled postgraduate student to pay tuition fees for a course of study at a public university, in breach of Greek law. Following an intervention by the Ombudsman and an opinion issued by the State Legal Service, the Minister of Education reversed the decision and reimbursed the tuition fees.
In August 2018, the Ministry of Education issued a decision (Government Gazette 3387/B’/10-8-2018) regulating the conditions for the exemption of postgraduate students from the obligation to pay tuition fees. Following its issuance, a postgraduate student with a disability applied for exemption from paying tuition fees, as provided for in para. 2 of article 35 of the law. 4485/2017 (Government Gazette A’ 114/04.08.2017) for students with low income. In his application, the student in question stated that, according to Article 81 of Law no. 4611/2019 (Government Gazette A’ 73/17.5.2019), the welfare benefits paid by the Organization for Welfare Benefits and Social Solidarity (OPEKA) to persons with disabilities do not fall under any income category and are not taxable. Therefore, the welfare benefits received by the student as a person with a disability should not be included in his income, and he should therefore be entitled to a tuition fee exemption.
However, the administration rejected this argument, both in its initial decision and on appeal, on the grounds that the explicit exclusion of welfare benefits from the category of income was not explicitly provided for in Law No. 4485/2017, nor in the decision of the Ministry of Education. Following the rejection of his request for exemption, the student was obliged to pay tuition fees.
Subsequently, however, the student appealed to the Ombudsman, who intervened in the case, leading the University to pose the question to the State Legal Service. The latter issued an opinion stating that the sums of money paid by OPEKA as welfare benefits are not to be counted in the calculation of his income when determining whether he is entitled to exemption from tuition fees. The ministerial decision was therefore amended to remove any doubts about its application, and a refund of the tuition fees paid by the disabled student was issued. The case was closed in the summer of 2022.
In violation of the current legal framework (Law 4485/2017 and Law 4611/2019), the administration obliged a citizen to pay tuition fees for attending a postgraduate programme, even though he was entitled to a full exemption, since the welfare benefit he was receiving as a disabled person should not be considered as income.
Bank Account number: 1100 0232 0016 560
IBAN: GR56 0140 1100 1100 0232 0016 560
BIC: CRBAGRAA
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