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The following guidance from the funding rules would be appropriate to this change in the learning plan and OTJ hours:
P308.3 Must amend the apprenticeship documentation (training plan, contract for services) to outline the new expected end date.
P308.3.1 The off-the-job training hours that were agreed at the beginning of the programme do not change (unless, as part of the discussion, it is also agreed that additional training is appropriate because of the change of circumstance).
P308.4 Must not amend the ILR (the planned learning end date on the ILR does not change once it is submitted (with the exception of a data input error at the beginning of the programme)).
P308.4.1 Note that there are no changes required to the apprenticeship service.
Yes, they absolutely can't do that. They can just finish two years early (if Martin's advice is followed), which will result in a huge balancing payment at the end. The minimum OTJ hours will have dropped, and as long as you can evidence they hit the minimum OTJ hours for the actual duration, that's ok. You'll need to get a signed statement from the employer that they were happy about that. That's all detailed in the apps rules (P54-P55). If they do withdraw at any point, you'll be out of pocket, having delivered way more than you have been paid for.
Jaci Littlewood
Changes to ILR Planned End Dates and OTJ Hours etc
Created
We are having a bit of a discussion with one of our employers who are now saying after their Learner being on Programme for over 12 months that there is no way he will be able to complete the OTJ hours that have been recorded on his ILR and Training Plan and they are way too many and want us to reduce them. (Even though they signed their Commitment Statement and Apprenticeship Agreement at the start). They also, want us to change the deliver pattern from a 6 year programme to a 4 year programme and therefore change the practical period and apprenticeship planned end dates. They are still on the same standard with the same amount of learning, just being delivered over 2 days per week instead of the original 1 day per week. The employer and trainer are under the assumtion that this constitutes to a new programme. I tried to explain that it would only be a new programme technically if we left them and restarted them with RPL they have already achieved in their first year, and would become an early leaver and we would have to restart them will all new paperwork and a new ILR, Training Plan and Apprenticeship Agreement, TNPs etc. They disagree with me, and just want me to change the relevant ILR fields etc . I've tried to explain that we can't do this and that once you've completed the Training Plan, Apprenticeship Agreement and ILR and uploaded the data and crossed a contract year hard close that you shouldn't update these fields, unless they were genuine errors and not just changes and get advice from the ESFA. Thing is I can't remember where I've seen this written. Could someone please advise which document this information is in. Thank you in advance.