Functional Skills while on BIL

The AEB funding rules state:

We will not fund:

80.5. training through ESFA funded AEB, where a learner is undertaking or planning to undertake an apprenticeship and where that training will:

80.5.1 replicate vocational and other learning aims covered by the apprenticeship standard or framework, including English and maths.

The Apprenticeship funding rules also state: It is not a break in learning if the OTJ training will continue (This includes going to college or other training).

Thanks Martin. It was this bit the AEB funding that made me wonder if possible as I didn't think Functional Skills counted as OTJ?

80.5.3 be taking place during the apprentices working hours. Where an apprentice has more than one job, working hours refers to the hours of the job the apprenticeship is linked to

Putting the Apprenticeship to one side for a moment, Legal Entitlement E&M *can* be delivered in the workplace under AEB:

186. We will fund learning in the workplace where a learner has a legal entitlement to
full funding for:
186.1. English and/or maths up to and including level 2 (paragraph 188)

But I agree that, in this circumstance, even though the learner is on a break, I wouldn't fund them through AEB for this, they're still an Apprentice really...

Oh, is that "planning to" bit new? Have heard of several providers getting the E&M "out of the way" using AEB before an App starts? How can one prove/disprove intent in this case? [semi-rhetorical]

Its not new 2019-20 rules below:

78.1. training through ESFA funded AEB, where a learner is undertaking or planning to undertake an apprenticeship and where that training will;

78.1.1 replicate vocational and other learning aims covered by the apprenticeship standard or framework, including English and maths

Thanks both.