BIL when Changing Employer Clarification

The learner must still be employed to record the last evidenced day in learning, and this would be the start of the 12 week period.

Although a BIL may be used this is not the same as a BIL as per the flow chart.

Looks like new starts from 1/8/22 as not included in the list but should query this with ESDA.

What if the apprentice didn't have any active learning in the last couple of week with their original employer? Does the 12 weeks start at last evidenced active learning whilst still employed, or at the last date of employment? The rules say;

P262.1 When employment or an apprenticeship agreement has ended... and new employment has commenced within 30 days we do not expect a withdrawal to be recorded.

That seems to suggest 30 days between employment, not between last learning whilst employed, and first learning at new employer. The 12 weeks will follow the same pattern either way I guess?

The 12 weeks does include the 30 days, so it's a further 54 days max for the BIL.

My question is, what is the Actual End Date for the BIL? Whenever we've had a gap in employment longer than 30 days, we've withdrawn back the last evidenced learning whilst employed, which I think is right. We don't use an AED for any delivery we did whilst unemployed (which we do, to keep them up to speed, in the hope that they find a new employer). However, the new rules say;

P265.2 Where an apprentice changes employer and there is a break in employment of more than 30 days and up to 12 weeks, you must, after 30 days, record the apprentice as on a break in learning (see paragraphs P316 to P318).

P317 The main provider must:

P317.1 Record the apprentice as on a break a learning on the ILR after 30 days;

Do they mean physically do it after 30 days, or record the BIL as starting at 30 days? That would mean the AED was 30 days after the apprentice became unemployed.

My other question is, how do we record TNP? After a regular BIL, the new TNP is almost always just the same value as the original TNP. The Original Start Date ties these records together. With a change of employer (without a BIL), we record Residual TNPs. If it's a BIL and a change or employer, what goes in the TNP on the restart? Regular or Residual? With what dates?

I interpreted it that the normal rules for recording an AED would apply and you do not continue delivery when they are not employed under an apprenticeship agreement although you should check this with the ESFA if you are unsure.

The PSM still says: The price recorded on the new programme aim should be the same as the price prior to the break in learning unless you and the employer have negotiated a new price for the programme.

HTH

But if there's a mandatory qual element, that has a weekly in College lesson, not letting them attend for 30 days is just bad for everyone if the students does find a new employer within 30 days, as they've missed a heap of delivery. If we are happy to risk delivery when we may not be funded, that's our shout.

I don't believe they will have considered changing the PSM rules for this scenario! If we record just the original price, and no residual price, then how would that work? How would ESFA know what price applied to the new employer?