Dean Cox

Small Employer Waiver Used In Error On ILR

Created

None

We believe an employer has incorrectly informed us of the number of employees, and has resulted in the Small Employer Waiver pulling through onto the ILR, when they do not have under 50 employees. I assume this means the ESFA would have been fully funding the apprentice to this point instead of using the apprenticeship service funds? Any ideas how would we go about rectifying this? Thanks.

Replies

No one has replied to this post.


Ruth Canham-James

If they started in 22/23, just uncheck them as small, and ESFA will automatically claw the extra 5% back, and you need to chase up the employer 5%. Same if they started in a previous year, but ESFA physically can't claw back overpayments from previous years. You'd need to contact ESFA about how you can give that back. It's sometimes possible in the EAS, but you need to ask permission anyway I think.

Dean Cox

Thanks Ruth Canham-James, to further confuse things, the employer is a levy payer. On the ESFA payment reports, the funds for the learner falls fully under co-investment (from the ESFA), as it would for those who are fully funded by the ESFA, however it lists the contract as levy. I can remove the Small Employer Waiver no problem, but I am unsure of the impact it has there as they would have levy funds secured on DAS anyway?

Ruth Canham-James

If they started this year, it should just resolve itself when you untick the small employer. My technique for this is make a change, and check in the next round of month end reports to see what happened! I learn a lot of things that way, that just aren't documented in any of the rules, but I tested in real life. 

In the Apps Monthly Payment Report I'd guess you'd see big minus values in the "co-investment payments" column for the latest month, and a larger value in the "levy payments" column. If you check your R04 reports, you'll see which columns the money has been in so far. It may be that they're sitting in levy payments already, so nothing will change.