Break in Learning return

You are correct

No (Ben is incorrect) you leave the BIL record as it is  and when the apprentice returns, a new programme aim and new component learning aim(s) are recorded. Refer to guidance below for recording new aims when an apprentice returns from an agreed break in learning. The original learning aims on the ILR must not be reopened.

Record the price details as required using AFinType = TNP and the applicable codes. The price recorded on the new programme aim should be the same as the price prior to the break in learning unless you and the employer have negotiated a new price for the programme.

You must continue to return all aims and financial records for the apprenticeship, including the records prior to the break in learning, until the apprenticeship is completed or the apprentice withdraws from the programme.

HTH

Not according to the ESFA I’m afraid Martin. They’ve advised many times that if a learner changes employer whilst on a break (not where a learner has gone on a break specifically because they’ve lost their employment) that you should withdraw their record and restart with the new employer.

The latest (of several) instances where I confirmed this with them:

CI-0180580

Hi Ben, Thank you for your email. When a learner is on a break in a break in learning and changes employer then the aim is withdrawn. This is because the agreed break is with the employer they have now left.

The learner would be recorded as a restart without an agreed in learning when they return to learning with new employer, there would also need to be a change of employer guidance recorded from restart. I hope you find this information helpful.

Kind regards

ESFA Customer Service

Thank you for your responses, i thought that if an apprentice came back from a break with a new employer the original record would need changing from Break in Learning to withdrawal. Then a new record recorded as a restart.

Martin is almost always correct, so you'll never go far wrong by following his advice, despite our difference of opinion on this. This particular scenario is a bit of a quirk that's not really ever been explicitly confirmed within the rules, though the flowchart for breaks has always had the below as one of the conditions:

Does the apprentice plan to return to the same apprenticeship and employer after their break in learning?

You can interpret that in at least two ways:

1. The apprentice did plan on returning to the same employer.. so it's their intent that matters.. therefore the break is fine, or
2. The apprentice, regardless of intent, did not return with the same employer.. therefore the break is not fine

As I referred to above, the ESFA have confirmed (to me at least) that if someone changes employer whilst on a break, they should be withdrawn and restarted. I happen to agree with this, though opinions will vary, but for me if the employer who originally agreed to the break is no longer a participant, the agreement is no longer valid. There are obviously instances where breaks are used specifically for employer changes (P318) but this is not one of those, and in my query to the ESFA I explicitly stated that it was in reference to someone who went on a break for reasons unrelated to employment (e.g., medical), and that was their response.

Ben

I hear what you say but as this is not reflected in the funding rules or the further guidance from the AS, the advice you have received from ESFA Customer Service may be specific to circumstances you have enquired about or as previous advice from them has shown that is not reflected in the funding rules or published guidance from the AS may be misleading or even incorrect.

If it is not in the rules it is not a rule, but you should follow any guidance the ESFA have given directly to you.

HTH

I have raised a call to the ESFA Helpdesk just to be sure - hopefully they will say i can keep the Break in Learning but i feel i will probably receive the same advice as Ben, i will post the reply when i get one.

Thank you both again for your help