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You get capped at band maximum minus whatever funding/levy amount the first provider had, and there's nothing you can do about that. If that isn't enough for you to deliver the remainder, you just need to claim the extra price above what you get capped at, directly from the employer (you put the price in the ILR as you want, then wait and see how much you actually get in the month end reports, and how much you then need to invoice the employer for). If the employer isn't happy with that, they need to have that conversation with the first provider. They technically could stop their DAS record all the way back to as early as Aug 2021, and that could cause a clawback from the first provider (allowing you to claim a bit more), but they absolutely shouldn't do that with consulting with the first provider, as they could be in breach of their contract. The first provider might agree to refund as cash (they physically won't be able to give back levy money to the employer from before Aug 2021).
If you do decide to charge a price higher than what was left in the band, you must collect the extra and record it as PMR, or risk not getting the completion element.
ESFA addressed this in the past when there was a high profile case with lots of apprentices way behind what the funding received would suggest. ESFA said that the employers should have been keeping better track of where the apprentices were in their study, and therefore it was the employers' financial responsibility. It's a horrible situation for an employer or apprentice to find themselves in :(
Helen Bryant
Apprenticeship partly completed with different training provider
Created
Hi
We have been given the opportunity to take on 2 apprentices who wish to undertake the L3 Team Leader/Supervisor programme, starting at the end of April. During the interview process it's been discovered that both of them were enrolled from Jan 21 to Sept 21 with a different training provider for the same apprenticeship programme. As we understand it, the programme was pulled from this training provider (due to poor delivery) and hence the learners were withdrawn.
My question is how we need to adjust funding to take this into account. It's not a change of provider as the learners were already withdrawn from the programme last September. We have calculated prior learning and would obviously apply this to the negotiated costs but, due to the poor training delivery, it doesn't reflect a period of 9 months of previous on-programme learning. Any advice would be gratefully received.