When is an Adult not an Adult? How should you read this?

I'm not sure exactly what you're asking, but it's always been like that. If a student is 18 on 31 Aug (even if 19 on the day they start), they don't come under AEB rules;

30. The age of the learner on 31 August in the funding year determines whether the
learner is funded through ESFA’s AEB funding methodology (for individuals aged 19
and over), or the 16 to 19-year-olds funding methodology (for individuals aged 16 to 19
and those aged 19 to 24 with an education health and care plan).

So paragraph 199 is only talking about people who were 19+ on 31 Aug of that year. The distinction about start date is relevant when they're 23. First Full Level 2 and 3 are only available to students who are 19-23 at the start date. You could have two students, both of whom were 23 on 31 Aug, but one turns 24 on 3rd Sep, so isn't first full level 3 fundable if they start on 9th September. The other with a birthday in January, could be first full level 3 funded.

Thanks Ruth.  Paragraph 199 could be read as...we will fund them if they are 19 on their start date (as opposed to on 31.08.20). 

Don't you agree?

Sorry Ben, I don't quite see the difference? As you say, AEB rules define "19" as age on 31 August, per para 29 (20/21 V5):

29. In addition to paragraph 27, to be ESFA funded, on the first day of learning a
learner must be:
29.1. aged 19 or older on 31 August within the 2020 to 2021 funding year if the
learning aim is not a traineeship, or
29.2. starting a traineeship programme on or after 1 August of the funding year
in which they have their 16th birthday

I agree the language is a bit tortuous but it's because only "19" is defined by 31 August, because that's how the Study Prog rules work. So, for example, "23" is defined by age on start date (which mean some early September birthdays "lose" a year of entitlement).

Is that what you mean?

(There was a period where those who *only* had AEB could fund those who'd turned 19 within the year, but I'm not quite sure if that still applies?)

Are you saying that anyone who turns 19 after September can still be funded, but via the 16-19 study programme route?

So as the Nat Skills Offer is available from tomorrow, April - so are we really having to exclude anyone who has only turned 19 from 1st September last year?  Guess so.

Yes, how else would you interpret this;

30. The age of the learner on 31 August in the funding year determines whether the
learner is funded through ESFA’s AEB funding methodology (for individuals aged 19
and over), or the 16 to 19-year-olds funding methodology (for individuals aged 16 to 19
and those aged 19 to 24 with an education health and care plan).

Why would you need the National Skills Offer for someone who was 18 on 31 Aug 2020, but 19 when they started a qualification in April 2021? They'd still be funded as a 16-18 year old. Are there any quals you wanted to use that are available for the National Skills offer that aren't funded for 16-18? Or is that is just isn't enough money when you get funded by hours rather than just a flat rate?

Thanks Ruth and Steve...I just wanted to clarify the issue as I am being asked to advise on if and how 19 yo's (but after 31.08.21) can be funded and was hoping that (as some people have suggested ) the wording opened an AEB flexibility that clearly isn't there!  As you say Ruth, by the hour type funding may well be preferable anyway....

From the day they start learning, the age at 31st August is to identify those out those who should be funded under the 16-18 Study Programme methodology.