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The purpose of the rule is to suspend payments where the Apprentice is no longer employed, after they have been unemployed for 30 days and not commenced with a new employer then you would record a BIL (from 1/1/2023). The following rule that confirms this is:
P318 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.
If after 12 weeks they have not started with a new employer you will need to change the BIL code 6 to a withdrawal code 3.
HTH
Wayne Hosking
Break in Learning (Loss of Employment after 30 days)
Created
On the rule that came into place this academic year, once a learner has lost employment and goes past 30 days then you are required to place them on a break in learning.
If a learner lost employment on January 1st 2023 and at the end of the month (past 30 days) they still don't have a new employer but have been attending. Would the date they would be put on the break be 27th Jan 2023 (last date in learning), or 1st Jan 2023 when they lost their employer?
"P264.2 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, after 30 days, record the apprentice as on a break in learning (see paragraphs P318 to P320).
P318 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.
P319 The main provider must:
P319.1 Record the apprentice as on a break a learning on the ILR after 30 days;
P319.2 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;
P319.3 Withdraw the apprentice from the programme if they have not re-started with a new employer after 12 weeks."