EHCP - Apprenticeship Additional Payments

You just automatically get Additional Payments for all 16-18 year olds, regardless of EHCP status. You also get them for 19-24 year olds with an EHCP (if you code then as EEF2):

Thanks Ruth but does the EHC need to be in date and a live document - previous guidance has reference statements etc (that are really old) but the guidance above states 'has' and EHC which would indicate that it needs to be current.

This is just so confusing 

The EHCP has to still have been "maintained" at the enrolment start date for you to record them as having an EHCP in the ILR, in any circumstance (though I can't find that in any rules!). If they're a 19-24 apprentice, that's also the case if you want to waive the 5% co-investment and/or claim the Additional Payment. EHCPs can cease to be maintained mid apprenticeship, but as long as they were current at the start date, it's fine.

If they're an apprentice and under 19 at the start date, it doesn't practically make any difference to anything other than whether you tick the EHCP box. You'll get the Additional Payment because they're 16-18, not because they have an EHCP.

Which flexibility bit says it can be historic? I can only see that on the English and maths guidance, which won't be the same as the Programme funding rules.

Thanks Ruth - that has really helped me understand - I was missing the 'maintained' bit - this makes sense as the SENDCo could maintain them. 

Currently only in the flexibilities bit....but previous mentions to statements in really old funding rules. 

Thank you once again for the huge amount of clarity.

To be fair, it just doesn't say anything in the rules, it's my interpretation. The ILR Spec doesn't specify on the EHC field, none of the funding rules say, they just use the present tense of "have" and "has". To me, that means a current "maintained" EHCP. It would open a whole can of worms to accept expired EHCPs, as what would your cut off be? What if it was ceased when they were 16, and they're now 21? Is that appropriate to fund them as 16-18? 

Hi Ruth you are so right - it is another grey area....I fully agree with your interpretation of the rules, the bit I was missing and could not wrap my head around was the maintenance of it. Which you really well described and it was a definite that makes sense moment for me...

If they are expired you can use them as guidance to support but treating as 16-18 adds all the other bits to it as well, English and maths being one of those things

Gina