Victoria Mansfield

New standard version and changes in circumstances

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I'm struggling to work out what different changes in circumstances mean for a learner's ability to continue on their original apprenticeship standard after a new version of the standard has gone live. We have learners who have been on the SLMDA but have a variety of changes in circumstances, mainly due to COVID, which in some cases seem to require them to be moved on to the new SLA. As the SLMDA includes an academic degree and the SLA doesn't, this is a huge change for them which they're obviously not happy about. 

If anyone has any clarity on whether the below statements are correct, it would be much appreciated!

1. A change of employer whilst a learner is on break in learning must be treated as a withdrawal and restart on the revised standard.

 

2. Learners returning from a break in learning can continue on the original version of the standard. (No matter how long the break is?)

 

3. Learners changing employer (without a break or with a break of 30 days or less) can continue on the original version of the standard.

 

4. Learners changing employer (with a break of more than 30 days) have to be withdrawn and must restart on the revised standard.

 

5. Learners made redundant who do not manage to find a new employer within 12 weeks but who subsequently find an employer and want to return to the programme must restart on the revised standard.

 

Finally, if they come back on the revised standard, does this still meet the criteria for P46.2 "Returns to the same apprenticeship after a break in learning or withdrawal"? Or does the fact they're coming back to the revised standard mean they have to have 12 months worth of learning left?

Thanks in advance! :)

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Victoria Mansfield

Just in case it's useful for someone searching on this later, here's the response I got from the helpdesk:

I understand from your email that you would clarification on which changes in circumstances would require learners to be restarted on a revised standard.

I will be referring to the main provider funding rules to help answer this query. You can find the current funding rules on Gov.uk, here: Apprenticeship funding rules - GOV.UK (www.gov.uk).

If a learner changes employer during a break in learning, this is no longer a break in learning. The learner must be withdrawn and started on a new apprenticeship programme, which would mean starting them on the revised standard. This is because the learner will not be returning to the same employer after the break in learning. You can find a flowchart to assist you in determining what is a break in learning on page 69 of the main provider funding rules.

Learners on a break in learning are still considered to be on programme, and as long as they return to the same apprenticeship programme, with the same employer and the same training provider, they can resume their original apprenticeship programme. You can find actions to take regarding a break in learning in funding rules P322 and P323 (page 70).

If an learner changes employer and is out of employment for lass than four weeks, then they can continue on the same apprenticeship programme. You must action this change of employer using the change of employer process, which you can find here: Record a change of employer – Apprenticeship Service Support (education.gov.uk).

If the learner is out of employment for moor than four weeks, then they must be withdrawn from the programme and restarted on a new apprenticeship once they return to employment. Prior learning must be taken into account and they must satisfy a minimum duration of 12 months.

Details of actions to take where an apprentice changes employer can be found in funding rules P336 to P341 (page 75).

Funding rules, P342 and P343 lay out actions to take if an apprentice is made redundant. Once you have followed this guidance, the actions to take for a change of employer will apply and funding rules P336 to P341, outlined above, will apply.

Martin West

A change of employer or return from a BIL would return to the same version (and the CAP) that applied on their original start date as this is returned in the ILR for a BIL returner, where it a return from a withdrawal and the original start date is not returned then this may not be the case and you will need to check with the ESFA / awarding body if the standard has changed.