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As well as P265.1.2 more contradictions in individual rules.
P262.2 When employment or an apprenticeship agreement has ended (resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending, with the exception of redundancy) and new employment hasn’t commenced within 30 days, you must manage this using a withdrawal to ensure funds are not paid when the apprentice is not employed, in line with rules P316 to P318.
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).
But this is clarified in the following, the implication is that you cannot interpret the rules in isolation.
Where there is a break in employment of more than 30 days
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
Wayne Hosking
Breaks in learning / loss of employer / change in employer
Created
Hi all,
I would like to get people's view on the change in the apprenticeship funding rules for 22/23.reference the BIL when changing employer.
Just trying to establish a baseline for rule P265.1.2 vs P265.2 as they seem contradictory?
P265.1 A break in learning must not be recorded:
P265.1.2 When employment or an apprenticeship agreement has ended (redundancy, resignation, dismissal or any other action by the apprentice or the employer that results in the apprenticeship agreement ending).
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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).
Most of the time a learner changes employer is because they have decided to leave (resignation) as they wanted to change employer, our providers going to use rules P265.2 when this happens as P265.1.2 suggests you shouldn't? I'd imagine the ESFA were trying to impose the rule to raise their success rates.
Any thoughts would be great, noticed their BIL flow chart hasn't been updated in the rules.
Wayne