Well the employer is due £1,000, that’s pretty indisputable and the relationship is (officially) between the prime and the employer, not the subby, so if the prime is only paying them, say, £900 (£800?) then they’re in breach of the funding rules that say they’ve got to pay them £1000…
A *lot* murkier in terms of the provider payment because the prime *is* the provider. What they give the subby is purely a contractual issue between the two parties.
just a thought for non-levy, but if the prime is trying to keep a % of your provider incentive, are they also asking you for a % of the co-investment that you collect from an employer? or if they are collecting that direct from the employer, are they passing on the other % of that to you as well as the ESFA portion?
That’s correct they would exclude the Employer incentive as they are responsible for payment direct to the employer.
Any employer incentives are not part of delivery funding, I do not see an issue.