Heather Findlay

New break in employment BiL rule - who does it apply to?

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We're wondering if the below new 22/23 funding rule also applies to 21/22 learners who are being carried over into the new funding year:

'To reflect that where there is a break in employment of more than 30 days and up to 12 weeks, the main provider must, after 30 days, record the apprentice as on a break in learning.  Where the apprentice does not re-start with a new employer after 12 weeks, the main provider must withdraw the apprentice from the programme.'

Whilst we recognise that the 22/23 apply to all learners starting on or after 1st August 2022, we're also conscious that there may be ramifications to our programme spanning multiple funding years, so we wondered if we need to apply this rule to current employer changes which are in progress?

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Christine Gregory

Hi,

Not sure if this will help, but I put the question to the DoE and the response I got was:

'The 22/23 funding rules only apply to the apprentices who started on or after August 1st 2022. Any apprentice employed earlier than that date will stick to the funding rules that applied on the date they were employed.'

Christine

Martin West

Although this is a new rule it is not included in the exceptions below:

P13 These rules will apply to all apprenticeship programmes starting on or after 1 August 2022, with the following exceptions:

P13.1 The redundancy rules (detailed in paragraphs P274 to P275). These rules will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.

P13.2 The rules on changing to a new version of a standard (detailed in paragraphs P285 to P298), which describe the rules for when an existing apprentice wishes to move to a new version of the same standard. These rules will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.

P13.3 The rules on English and maths (detailed in paragraphs P134.1 and P138.1). These rules will apply irrespective of the apprentice’s start date and will include existing learners who started their apprenticeship programme in previous funding years.

However, I believe the following is intended to apply irrespective of the start date but this has not been confirmed by the ESFA.

Where there is a break in employment of more than 30 days

P316 The original employer must stop payments through their apprenticeship service account, using a stop date that corresponds with the date the apprentice changed employer. This includes where the apprenticeship is funded by a transfer. They can also stop co-investment, as appropriate.

P317 The main provider must:

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

P317.2 Ensure that a change of employer is declared on the apprenticeship service against the existing record to ensure that the same course is carried over to the new record one the apprentice restarts with their new employer;

P317.3 Withdraw the apprentice from the programme if they have not re-started with a new employer after 12 weeks.

HTH