level 3 adult offer - Learning in the Workplace

Hi - It is not the new Level 3 offer it is AEB quals in general.  For example a learner on an apprenticeship programme undertaking a level 1 digital skills qual or a level 1 mental health qual.

Robert Marshall-Slater, thanks but I am not sure I understand your response.

I have provided the funding rule extract for provision that can be delivered in the workplace.  As the new Level 3 offer is not a 'Legal Entitlement' I do not believe in can be funded if delivered in the workplace...

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), and/or
186.2. a first full level 2 (paragraph 199.1.1), or
186.3. a first full level 3 qualification (paragraph 199.1.2)
186.4. essential digital skills qualification, up to and including level 1 (paragraph 195)

Is it not covered by 199.1.2

186. We will fund learning in the workplace where a learner has a legal entitlement to full funding for:

186.3. a first full level 3 qualification (paragraph 199.1.2)

199.1.2 first full level 3 as part of the legal entitlement and/or access to additional qualifications from the level 3 adult offer

I was thinking the same thing Garry. I'd agree that the National Skills Fund doesn't appear to be valid for workplace, as it's not a "legal entitlement". I've always found those workplace restrictions slightly odd, how would anyone even know whether you were delivering in a workplace? There's no indicator we put in the ILR, except perhaps the delivery postcode. We do still stick to that rule though, and only AEB fund those things if delivered in the workplace. The employer would pay for anything else.

Martin West thanks Martin.  Maybe I am not looking at the latest version of the rules (thought I was as I downloaded this morning).  Can I ask what version your extract is from please?

Version 5

Thanks Martin West.  I do have the latest version and can see your rationale.  It is a bit ambiguous and only appears to cover 19-23 year olds. Think I will refer to the ESFA Service Desk to see if they can advise.

That paragraph 199.1 does refer specifically to 19-23 only, and the Workplace bit does say that it is only legal entitlements, so I'm still pretty sure that the National Skills Fund doesn't apply to workplace for 24+.

There are a handful of L3 quals that have National Skills Fund funding, but not legal entitlements. I know those are funded for 19-23 as well as 24+, but what about for 19-23 in the workplace? I still think no, but it isn't very clear.

Gary - I agree that it is open to interpretation so would be very interested in hearing the response from the helpdesk, please - it would be very much appreciated by all I'm sure, not least by Ruth OR Martin who can then revel in their correct interpretation :) (I have a fiver on Martin, soz Ruth:))

Benjamin Cowdery and all - I have contacted the ESFA, I will update you all when I get a response

As the L3 adult offer includes competence-based qualifications where delivery and/or assessment may require a workplace setting I have suggested that 199.1.2 may apply but we do need confirmation as I could be wrong.

Following - I would also be interested in the ESFA response to this as I have interpreted it as Martin has, but other, very valid, points have now caused uncertainty :0/

Benjamin Cowdery I hope they are available for workplace funding! Especially if, as someone on JISCMail pointed out that, where the aims are part of the Nationals Skills Fund Offer, they appear to have replaced Category 38 with the National Skills Fund categories. If a National Skills Funded aim no longer has legal entitlements, by my reading, that makes them unavailable for funding for workplace! That would be a significant issue.

Has there been a response from the ESFA on this?

Anna Strelow still nothing back from the ESFA on this one.  

Response from ESFA below, not the news we wanted:

We will only fund learning in the workplace where a learner is undertaking a legal entitlement qualification as listed in paragraph 188 of the Adult Education Budget (AEB) funding rules (also noted below). 

The National Skills Fund level 3 adult offer is not a legal entitlement and would therefore not be funded in the workplace in the current academic year. However, we are keeping this under review ahead of the 2021 to 2022 academic year.

188. We will fund learning in the workplace where a learner has a legal entitlement to full funding for:
188.1. English and/or maths up to and including level 2 (Paragraph 191), and/or
188.2. a first full level 2 (paragraph 201.1.1), or
188.3. a first full level 3 qualification (paragraph 201.1.2)
188.4. essential digital skills qualification, up to and including level 1 (paragraph 197)

The AEB funding rules 2020 to 2021 is available at:
https://www.gov.uk/guidance/adult-education-budget-aeb-funding-rules-2020-to-2021

Thanks Garry, whilst not what we wanted, it is good to have a definite answer.  It's good to know it is under review for next year.....we're not trying to plan for that yet are we????  Wonder when we will get the AEB Funding Rules for next year.

This has been the policy for a few years but surprised they have not included workplace learning for NVQ’s in the Skills Offer, see previous post http://feconnect.education.gov.uk/forums/topic/incomprehensible-aeb-funding-rule/