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I think you should raise this with the help desk and ask if a common sense decision can be made. It seems to me that the funding would be fine if you put them on a BIL and returned. I think this rule needs to be revisited by the policy team and consider if this really is an issue any longer or not.
The response I got from the Apprenticeship Service Support when querying this situation
As the 12 weeks have elapsed, through they may have a new employer lined up, you would need to follow the rules as they are and withdraw the learner. They can then be added with for their new apprenticeship.
Peter Keating
Redundant Apprentice return past 12 weeks
Created
We have an apprentice that was made redundant in April and the 12 weeks to find a new employer expires today. The learner still has 12 months of the programme to go.
We have found this apprentice a new employer yet they don't want the learner to start the Apprenticeship with them for another 2 weeks!
Can we put this learner on a Break In Learning with a view to them returning in 2 weeks therefore not claiming any funding? Or do we have to take the hit and withdraw the learner and then start them on a reduced programme when the employer is ready?