19-24 EHCP Apprentice

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This topic contains 15 replies, has 4 voices, and was last updated by  Alastair Gilbert 3 months, 1 week ago.

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  • Ruth CJ
    Participant

    Hello,

    Just looking at the rules surrounding this. Funding rules say;

    P103. Where these payments are for apprentices aged between 19 and 24 years old at the start of their apprenticeship (see paragraph P99.2), you must include consent from the apprentice to inform their employer that they have an EHC plan or that they have been in the care of their local authority and either:
    P103.1 a signed email or letter from a local authority appointed Personal Advisor to confirm they are a care leaver; or
    P103.2 evidence of an EHC plan.

    So, a student has the option of not allowing their employer to know they have an EHCP. For Care Leavers, there is a mechanism to allow us and the apprentice to get additional payments/bursary, but not the employer. It’s made clear that, where the apprentice doesn’t let us declare their care status, we can’t waive the 10% contribution if it’s a small employer;

    P115. Where a 19 to 24 year old apprentice does not want to inform their employer that they were previously in care, then you must report the appropriate code in the ILR. This will generate the funding for you and the apprentice but not the employer. Where this is the case you must not apply the co-investment waiver (see paragraph P118). This means that you should not record the code for the waiver in the ILR.

    The ILR mechanism for that would be this;

    127. You record care leavers using the Learning delivery funding and monitoring type ‘EEF’ (Eligibility for enhanced apprenticeship funding) and code 4 ‘Entitlement to extended funding’.
    128. If a 19-24 year old apprentice does not want to inform the employer that they were previously in care, then please record the Learning and Delivery Monitoring (LDM) code 362 (‘Apprentice care leavers’). This will not generate the additional payment for the employer, but it will generate the funding for you and the apprentice. We will not show the employer payments in the employer’s account when this function is built. This is only for 19-24 year olds as a 16-18 year old automatically generates additional payments for employers, and withholding this may disclose that the apprentice was previously in care.

    If a student won’t allow us to disclose EHCP status to an employer, I know that we also couldn’t apply the contribution waiver, but is there any mechanism for us to receive the £1,000 payment, without the employer getting it too? LDM code 362 is specifically for Care Leavers. It looks like it’s just tough, and we don’t get additional payments either.

    On a related note, the funding rules describe in P110-P117, a “Care Leavers Bursary”. It says;

    P110. Apprentices are eligible to receive a £1,000 bursary payment if they have been in the care of the local authority as defined in paragraph P101.

    Yet paragraph 101 describes not only care leavers, but also those 16-17 and currently in care. What’s you interpretation of that? Can an apprentice who is 17 and in care receive the care leavers bursary? I may have to ask the Service Desk.

     
    #343102

    Martin West
    Participant

    Yes, it includes those 16-17 in care
    P110. Apprentices are eligible to receive a £1,000 bursary payment if they have been in the care of the local authority as defined in paragraph P101.

    P101. A child in care is defined as:
    P101.1 an eligible child – a young person who is 16 or 17 and who has been looked after by the local authority/health and social care trust for at least a period of 13 weeks since the age of 14, and who is still looked after;

    P101.2 a relevant child – a young person who is 16 or 17 who has left care after their 16th birthday and before leaving care was an eligible child; or

    P101.3 a former relevant child – a young person who is aged between 18 and 21 (up to their 25th birthday if they are in education or training) who, before turning 18, was either an eligible or a relevant child.
    HTH

     
    #343123

    Ruth CJ
    Participant

    Yes, I’ve just been reading all that. So why is it called “Care leavers bursary”? One of the declarations the apprentice has to make is;

    P112.1 Understand that they are eligible for and would like to receive a bursary
    as a care leaver.

    And we have to have evidence;

    P111. You must have evidence that the apprentice is eligible for this payment before you claim or are funded for any associated additional payments for you or the employer. This must be a signed email or letter from a local authority appointed personal advisor confirming that the apprentice is a care leaver

    Are they just being careless with their language? It’s really misleading. I do think you’re right, and that 16-17 year old can claim it, but the language used makes me nervous that I’ve got it wrong.

    Also, any thoughts on the first question? That’s the more pressing one! I’m trying to write the declaration about informing the employer about the EHCP, and I want to be clear whether or not we will be able to claim additional funding to support them, if they don’t want to declare.

     
    #343136

    Martin West
    Participant

    Hi Ruth,
    It is difficult to get one’s head around this, but I think it is Par106 you want as this implies the Provider always receives their payment.

    For those 19-24 it can be either an EHCP or they are a Care Leaver and the learner will either agree (Pay Provider and Employer) or not agree (code 362 only pay Provider) to informing their employer.

    For those that agree you will need consent from the apprentice to inform their employer that they have an EHC plan or that they have been in the care of their local authority.

    P106. Where the apprentice agrees to inform their employer that they were previously in care, you will also receive the additional payments due to the employer. You must pass these on in full to the employer within 30 working days of receiving this funding from us.
    HTH

     
    #343152

    Ruth CJ
    Participant

    I just don’t see how we are physically able to claim the additional payment for a 19-24 EHCP apprentice without triggering the employer payment too. The only way to do that for care leavers is by using EEF4 and LDM 362, which I cannot use for EHCP apprentices.

    If I use EEF 2 as I am meant to for EHCP apprentices, it will trigger the employer payment. The employer will then ask what it’s for.

     
    #343154

    Martin West
    Participant

    This is the only way I see it.
    Can only use EEF2 if you have learners consent to inform employer of EHCP
    EEF2 – The apprentice is aged 19-24 and as an EHC plan – Pays Provider and Employer
    No consent then EEF2 not used and no additional payments to either Provider or Employer as is treated as 19+.
    Or
    EEF4 – The apprentice has been in the care of the local authority as defined in the Funding Rules – learner Consent
    EEF4 – Pays Provider and Employer but with 362 pays Provider only – No learner consent

    I think?

     
    #343168

    Ruth CJ
    Participant

    Hi Martin, yes, that’s a good summary of what I understand.

    So the provider doesn’t get the payment either when a student won’t declare their EHCP status to an employer. This is hypothetical at the moment, we don’t have an apprentice who doesn’t want to disclose. I’m just trying to get the form right.

    What I’ve put on our declaration form is;

    “I understand that, if I have opted for the College not to disclose my EHCP to my employer, neither my employer nor the College will be eligible for extra funding support to support me with my apprenticeship studies”.

    On the care leaver section it says;

    “I understand that, as I have declared that I am have been in care, and am 19-24, the College are eligible for additional funding to support me with my apprenticeship studies

    I understand that, if I am 19-24, my employer will also be eligible for additional funding to support me in my apprenticeship studies if I am happy for the College to disclose to them that I have been in care. If I do not want my employer to know, my employer will not be eligible for this additional funding”.

    The care leaver bit is only relevant to 19-24. If they were 16-18, we’d be getting extra funding anyway. There’s a bit above this where they declare whether they want the bursary. They decide whether they’re happy for us to tell their employer either way, which includes this;

    “Please do not disclose to my employer that I have been in care (this does not affect your ability to receive the Care leavers Bursary)

     
    • This reply was modified 4 months, 2 weeks ago by  Ruth CJ.
    #343198

    donna1805
    Participant

    Hi Ruth – Can you please advise as to what evidence such as ILP and plans are required for a learner with an EHC? Are we required to provide more evidence than we would for an apprentice without one?

    Many Thanks in advance for your help.

    Thank you
    Donna

     
    #355793

    Ruth CJ
    Participant

    Hello,

    I’m not sure what you mean. Evidence for who? Obviously you’ll need the EHC plan itself to evidence additional payment eligibility, and you’ll need evidence that the student agreed that you could disclose this to the employer. Other than that, I know of no additional evidence requirements.

     
    #355805

    donna1805
    Participant

    Hi Ruth – Yes I have this, I mean further reviews, extra teaching sessions etc – for example when claiming ALN we have a separate, more detailed ILP?

    Thank you
    Donna

     
    #355827

    Ruth CJ
    Participant

    I don’t really do much with that evidence, as the teams supporting collect it. I understand that we do have evidence of support provided if we want to claim the £150 a month, but I don’t know what.

     
    #355935

    Alastair Gilbert
    Participant

    Hi Ruth,

    Have you had any luck clarifying whether the bursary is payable to a 16 – 18 year old who is still in care? An argument is raging here about how we interpret this.

     
    #357078

    Ruth CJ
    Participant

    I think I agree with Martin, that it includes those In Care, that’s it’s just badly named. I haven’t sought clarification from the Service Desk though, and I’m not planning too. Quoting Martin;

    Yes, it includes those 16-17 in care
    P110. Apprentices are eligible to receive a £1,000 bursary payment if they have been in the care of the local authority as defined in paragraph P101.

    P101. A child in care is defined as:
    P101.1 an eligible child – a young person who is 16 or 17 and who has been looked after by the local authority/health and social care trust for at least a period of 13 weeks since the age of 14, and who is still looked after;

    Seems pretty clear, and I’d argue it with an auditor.

     
    #357098

    Alastair Gilbert
    Participant

    Thanks Ruth.

    Do you know how to claim the bursary for a 16-18 in care apprentice?

    For a 19+ care leaver, I’ve always used EEF4, but I haven’t previously set that for a 16-18 to get the other incentive payments which were paid for all 16-18 apprentices.

     
    #357112

    Ruth CJ
    Participant

    I assume the same way. ILR spec shows that EEF4 is not restricted to 19+, they’ve even crossed out the age bit. PSM says EEF4 is for when “The apprentice has been in the care of the local authority as defined in the Funding Rules”.

     
    #357117

    Alastair Gilbert
    Participant

    Thanks Ruth.

     
    #357241
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