Comittment Statement, Apprenticeship Agreement and ILP

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This topic contains 6 replies, has 3 voices, and was last updated by  Fairway 2 years ago.

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  • Otwidalepda
    Participant

    Hello

    With the new changes to funding rules about the above three documents, can someone help to clarify some issues. We have been using a combined document for the Apprenticeship Agreement and Comittment Statement with a seperate ILP.

    We have been told categorically by the ESFA that the Comittment Statement and Apprenticeship Agreement must be seperate documents, so we will have to change our paperwork.

    My questions are:

    1. Does the Comittment Statement need signing at least to the day before to comply with the rule “Before the apprenticeship starts and before the apprenticeship agreement is signed”? Or can they be signed the same date providing it is first in the pack?

    2. Is the Comittment Statement the same as the ILP? We have had these as seperate in the past and need to clarify if they are the same. If it is the ILP – the Comittment Statement will be a working document – is this correct?

    Thank you

     
    #277674

    Martin West
    Participant

    Hi,
    The Apprenticeship Agreement is only between the Employer and Apprentice and could be a contract of service (Employment contract) but where this does not meet the requirement for an Apprenticeship agreement you can supplement this with the issued template.

    You will see in the funding rules that the commitment statement is ‘often known as the individual learning plan’ so they are same although the term ILP is no longer used in the funding rules.

    The Apprenticeship Agreement cannot be agreed until the commitment statement has been agreed but the dates that must match are included in the following from the funding rules:
    P25. The employer must meet the cost of the apprentice’s wages. An employer can only pay the apprenticeship minimum wage from of the start of the apprenticeship programme and not before.
    P40. The start date set out in the apprenticeship agreement must match the date in the commitment statement. Details in the commitment statement must be completed before the apprenticeship agreement can be signed.
    P43.3 Details of the apprenticeship, including the name of the apprenticeship framework or standard, the level, the start and end-dates for the apprenticeship and (for standards) the dates relating to the end-point assessment period. The start date set out in the commitment statement must align with the start date in the apprenticeship agreement and the ILR.
    HTH

     
    #277685

    Otwidalepda
    Participant

    Thank you Martin, that is helpful.

    Would you advise calling the ILP ‘Commitment statement’ or would it be OK staying as ILP?

    Cheers
    Owen

     
    #277689

    Martin West
    Participant

    Hi Owen,
    It is always preferred to refer to documentation by the name referred to in the funding rules as this avoids any confusion in understanding at audit or inspection, it gives a better impression and avoids any misunderstanding when we talk the same language.
    HTH

     
    #277698

    Fairway
    Participant

    Hi All
    We were of the understanding that we could combine the Apprentice Agreement & Commitment Statement and I was under the impression a lot of providers were doing so after searching the forums a while ago.
    Just checking that this is a definite no now? Do we have to separate the two documents?

    Many thanks.

     
    #277706

    Otwidalepda
    Participant

    Hi Fairway

    Under the previous funding rules this was the case – and what we did.

    Today, the ESFA have emailed me clarification that this is no longer the case – please see response below:
    You are not able to combine the commitment statement and apprenticeship agreement, as these are seperately mentioned in the guidance, as below:
    “Before the apprenticeship starts and before the apprenticeship agreement is signed, you and the apprentice must have contributed to and signed a copy of the commitment statement (often known as the individual learning plan).”
    This is given in several pleces in the guidance, but first at:
    Employer Provider guidance
    Para 42 (Pg 9)
    Apprenticeship funding rules 2018/19
    https://www.gov.uk/government/publications/apprenticeship-funding-rules-2018-to-2019

    This was followed by the following response:
    These documents only need to be seperate – you can sign them both at the same time; however, in practice the commitment statement will be completed first.

     
    #277708

    Fairway
    Participant

    Thank you.

     
    #277736
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