recording asylum seeker on ILR

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This topic contains 9 replies, has 6 voices, and was last updated by  steveh 3 months ago.

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  • rupal
    Participant

    Hi,

    How do we record Asylum seeker on ILR? I am getting an error as ‘The full funding indicator is not valid for this learning aim’
    I have an evidence for learner eligible for funding as 41.1 rule

    Please guide.

     
    #315257

    steveh
    Participant

    Hi

    Asylum seekers aren’t eligible for full funding, only co-funding, so you need to make FFI 2.

     
    #315320

    Ruth CJ
    Participant

    Rupal – Just because someone is funded, doesn’t automatically make them fully funded. See pages 23-29 of the adult funding rules to see who can be fully funded. It will specifically state “fully fund” where you can claim full funding. Paragraph 41 simply says they can receive funding. Unless they fit into any of the the full funding categories, as Steve says, they’d be co-funded.

     
    #315552

    Louise Boyd
    Participant

    I’ve always assumed that the circumstances under which an asylum seeker could be fully funded are severely limited because of their inability to work or to claim benefit. However, I have been contacted by one of our partner providers who tells me that “asylum seekers are eligible for full funding under paragraph 150 if they are receiving NASS benefit (satisfying 150.1) and they are learning to find work in the UK once they have status, so their learning is directly relevant to their future employment prospects & labour market needs (satisfying 150.2)”.

    Is this the same understanding other providers have?

     
    #319523

    Martin West
    Participant

    Only at Providers discretion, this trumps all but you have to check the aim.

     
    #319533

    steveh
    Participant

    I’m saying NASS doesn’t count as a state benefit for para 150…

    This is the list of state benefits:

    https://www.gov.uk/income-tax/taxfree-and-taxable-state-benefits

    (as they all must either be taxable or non-taxable)

     
    #319539

    Louise Boyd
    Participant

    As a college, we have chosen to limit our list of state benefits still further under the discretionary element of para 150 and I have also discounted NASS support, seeing the learners as essentially ‘economically inactive’ because they can’t work or claim ‘benefit’.

    We are tasked to support asylum seekers with their English while their claim is being assessed but then have to put barriers in their way, requiring them to undertake functional skills in order to access the fee remission.

    Ultimately, I’m wondering if this would ever be queried at audit because we were exercising our discretion under the rules…

     
    #319555

    CDC
    Participant

    I record them as FFI 2 (agree with Steve above on state benefit definition) – But use discretionary learning support funding (hardship) to cover the course fee. Depends on your volume and what you consider the ESFA mean by the word ‘exceptional’!

    247. In exceptional circumstances, you can use hardship funds with course fees for
    learners who need financial support to start or stay in learning.

    248. If an asylum seeker is eligible for provision, you may provide learner support in
    the form of course-related books, equipment or a travel pass. You must not give
    a learner who is an asylum seeker support in the form of cash.

     
    #319821

    CDC
    Participant

    Above obviously dependent on their ability to pay. We don’t just default to it!

     
    #319825

    steveh
    Participant

    I’d say trying to live on £35 a week that you’ve only got on a pre-pay card is pretty exceptional…

     
    #320188
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