COE - after 30 days but before 12 weeks

See the guidance in the funding rules:

Where there is a break in employment of more than 30 days
P318 The original employer must stop payments through their apprenticeship service account, using a stop date that corresponds with the date the apprentice changed employer. This includes where the apprenticeship is funded by a transfer. They can also stop co-investment, as appropriate.
P319 The main provider must:
P319.1 Record the apprentice as on a break a learning on the ILR after 30 days;
P319.2 Ensure that a change of employer is declared on the apprenticeship service against the existing record to ensure that the same course is carried over to the new record one the apprentice restarts with their new employer;
P319.3 Withdraw the apprentice from the programme if they have not re-started with a new employer after 12 weeks.
P320 The new employer and main provider must:
P320.1 Agree a price for the remainder of the apprenticeship training and assessment taking into account relevant learning from the first employer. This price must be recorded in the ILR as a ‘residual’ price;
P320.2 Use the restart indicator in the ILR;
P320.3 Register the apprentice on the apprenticeship service, if appropriate, for funding to start;
P320.4 Confirm arrangements for and start paying, co-investment if appropriate; and
P320.5 Contact us if they are unable to register the apprentice on the apprenticeship service

Thanks for your reply Martin. I have read the rules several times but what's confusing is P.320.3 that says 'register the apprentice on the apprenticeship service........' - the apprentice would already be registered under the previous employer's account; all we're doing with a COE is transferring the apprentice from one employer to another. 

I've also raised my query with the AS and they have just replied with this:

I have gone back to them though to clarify what they mean by 'at any point.'

See the guidance here: https://help.apprenticeships.education.gov.uk/hc/en-gb/articles/360014678560-Record-a-change-of-employer

HTH

Helen Bryant This is a really good question - I lead our change of employer department and have had a couple of learner's leave their setting, but found a new setting between 8-9 weeks later - what I have been doing is after the 30 days period, putting the on a BIL and then gaining evidence at the new setting and doing the COE and RTW - so far I have been using the change of employer function in DAS when there has been the correct stop date from previous employer, and I have had no DLocks when adding the learner's new start date a month or 2 later, by having the BIL in the middle it ties up the 'missing funding dates' and then can carry on as normal without a DLock. 

We've just been revising the training plan and ensuring all forms are completed with new employer such as training plan, contract of services, APP agreement etc and recording the start date in the ILR with TNP 3's and 4's. 

Martin West is the above correct? As mentioned I haven't been getting any Dlocks

Thanks Lorraine for your reply - it's reassuring to know that the process you are using isn't creating any Dlocks. Interestingly though, when I clarified with the helpdesk what they meant by 'at any point' I had this response:

I wasn't aware that the record a change of employer functionality could be used where the change had happened after 12 weeks....are you? Their reply also contains a hypothetical example if you'd like to see it?

Hi Helen,

So actually, I wasn't aware of this. I am going by the rules but it states after 12 weeks without an employer they have to be withdrawn. I have had this before where we have withdrawn the learner and then done a new enrollment with a new DAS cohort with the new employer tying the 2 aim's together in our ILR as a formal restart of the original program. 

Very interesting - I'm assuming they mean that after 12 weeks, if the learner is WDing, we don't need a new cohort, we can still us the change of employer function with the new dates and TNP's in the ILR and it won't create a Dlock. That would be really handy in some cases where the setting has used up all of their funding reservations - not so much now as they have unlimited spaces but if that ever changes back this is great! 

Hi Lorraine

We do the same as you when a learner wants to resume the apprenticeship with a new employer after a gap of more than 12 weeks.

It is very interesting and could definitely be very handy, especially where a funding reservation has expired!

Hi Helen,

Yes, i completely agree this could be so handy - good luck with everything :)