In this session, we unpack the complexities of the draft and final funding rules and translate them into actionable insights. From improved flexibility to functional skills and EPA assessment, this webinar will allow you to stay ahead of your compliance.
Head of Product Natalie Hodge, Senior Product Owner Matt Wood, and industry expert Rupert Crossland discussed the changes to the 2024/25 Apprenticeship Funding Rules.
Questions & Answers
Q) With the changes to exemptions for functional skills can a provider claim the funding for the level 2 functional twice if the learner fails the attempt and they progress onto the level 3 apprenticeship?
A) Can be claimed if there is evidence of new learning towards the level 2 Functional Skills during the level 3 apprenticeship
Q) If an apprentice on a level 3 apprenticeship has an EHCP but has a grade 3 or 2 at GCSE, do they still need to achieve an entry level 3 qualification being that these grades equate to a level 1 in FS?
A) It isn’t just that all learners with an EHCP would only need to complete Entry 3 Functional Skills. The provider still needs to complete their own evidenced based judgement. If this judgement determines that Entry 3 is realistically all they can achieve by the planned end date of the apprenticeship, and not the regular Functional Skills requirements, then they do not need to achieve Entry 3 English/maths if their GCSE results are above Entry 3
Q) For existing learners on qualifications that require L2 but they don't have this, can you confirm that we are able to have them complete L1 instead (with evidence of justification) and, as mentioned, either prove they are working towards L2 or have them not work towards L2 if we can justify they won't complete by end of programme?
A) If the provider completes an evidenced based judgement and this judgement determines that Entry 3 is realistically all they can achieve by the planned end date of the apprenticeship, and not the regular Functional Skills requirements, then they do not need to achieve Entry 3 English/maths if their GCSE results are above Entry 3
Q) If L1 FS is removed and replaced with L2 FS as per new prior learning requirements. Would this affect our QAR for the removed aims.
A) QAR for apprenticeships is based on the programme aim, not the Functional Skills components. Furthermore if you transfer the FS aim rather than withdraw it, it would not count as a withdrawal.
Q) Have Bud advised how providers can update programmes to show which delivery model is relevant to the particular programme?
A) When the functionality is released, we’ll include the relevant details in the release notes and knowledgebase article. Further help will be available from your Customer Success Manager.
Q) Could you tell me if ALL apprentices must complete a FS initial assessment regardless of if they have evidence of Level 2 achievement? Thank you
A) It is not a funding requirement to complete an FS initial assessment if the apprentice has level 2 achievement. Some providers still put such learners through the FS initial assessment to confirm that the apprentice’s application of English and maths is sufficient to meet the expectations of the standard, however this is not something that would be audited in this case.
Q) Do we have to change existing training plans for continuing learners to reflect the delivery model?
A) Yes, the training plan should reflect the delivery model, especially if this is in the context of the point regarding front loaded or block release delivery.
Q) Will Bud allow this amendment in the training plan?
A) You will be able to add the delivery method to the programme in the next release. Once you create new enrolments or generate new Training Plans for existing learners, the new delivery method will be shown on the Training Plan.
Q) End point assessment - is this from 1st August or for existing learners?
A) Where an apprentice has changed employer after they have completed all the training and reached gateway, including where the new job role is not related to the apprenticeship, they may complete the end-point assessment in agreement with the end-point assessment organisation and the provider that it can be satisfactorily taken and paid for. Whilst the process has not been included in the 2023/24 funding rules, only the 2024/25, we have been informed that training providers have used the 2024/25 approach in the current year and these have been accepted for payment.
Q) Regarding Functional Skills exemption level change, what should be done in the ILR in terms of learners that had FS added before the changes came in based on existing level needed for exemption?
A) If you mean learners that now because of their GCSE grades will from 1 August have achieved the equivalent of level 1 functional skills, that aim should be closed on the ILR.
Q) So subsidy rules apply?
A) From April 2024, subsidy rules should be applied only to apprentices funded by a transfer of levy funds from another employer
Q) Where a subsidy control declaration is still required is it not the provider's responsibility, not the employer?
A) It is the employer’s responsibility to complete the declaration. The provider must ensure the employer completes an MFA declaration for relevant funding they receive as a result of the waiver of the employer contribution for small employers (up to March 2024) and transfers (from April 2024).
Q) BIL - Last date of evidenced learning activity. If an apprentice is on placement e.g. in a hospital and they record this on their PAD, can you confirm this is acceptable evidence?
A) There would need to be evidence of them completing new learning (OTJ training or, if applicable Functional Skills) towards their apprenticeship on that date
Q) Will Bud be creating a tick box for us to specify the block release, or will this be something that we need to add in writing within the questions on the training plan?
A) We will not be adding specific questions to the enrolment for block release delivery. You can use custom training provider questions (TPQs) to capture this information.
Q) The ability to accept applicants with current work visas due to end but with an active application to extend seems to have disappeared. Is there any news on this being reinstated?
A) Eligibility is assessed at the start of the apprenticeship so learners should have a visa that covers the duration of the apprenticeship and should not need to extend their visas. Learners with visas can undertake apprenticeships but they would need to have a visa that covers the duration of the apprenticeship."
Refer to the Funding Rules and specifically to the following excerpt below.
"20.2. Is able to complete the apprenticeship within the time they have available, including the end-point assessment. If the provider knows an individual is unable to complete the apprenticeship in the time they have available, (e.g. because their visa will expire or because they have a fixed term contract which is shorter than the duration of the apprenticeship), they must not be funded."
Q) I'd like to know from a quality perspective why two of the three parties have to sign but one doesn't, just because the employer complained about signing another document!
A) Not a question we can answer. You would have to approach the ESFA directly for why they made that decision.
Q) Will Bud remove the employer contact by default and allow providers to add them in if the employer will be attending, rather than vice versa?
A) For now, we’ll keep the same behaviour for updating the attendees on reviews, so this means adding the employer contact by default and allowing you the option to remove them. We have decided on this approach following feedback from customers and hearing the feedback from other industry experts that this would be good practice from a quality perspective.
Q) In BUD, will the review cycle show as complete when the provider and apprentice have signed?
A) Reviews will show as complete when all users assigned to the review have signed it.
Where an employer is assigned to the review, all 3 signatures will be required for the review to show as complete.
Where there is no employer assigned to the review, only the provider & learner signatures will be required for the review to show as complete.
Q) Learning Support - is there a change to where funding for learner support is claimed?
A) No
Q) Will payments made for functional skills be taken back as a result of functional skills criteria changes?
A) No. Funding that was validly claimed in one year remains valid for that year even if the rules change for a subsequent year.
Q) In terms of OTJ hours that need to be logged for learners on Block training. At the moment it is 6 hours each week and every month is this still the case or can the hours be logged in bulk every 3 months
A) If logged in bulk, it must be clear that the OTJ took place during the learner’s paid working hours.
Q) Just to clarify. The reasonable adjustment / evidence needs to be done every month and support reviews every three months ?
A) Correct.
Q) Learning support assessments - Do these have to be done by a medical practitioner? i.e. Must they have an "official" diagnosis? Or, can it be done by the Provider using a relevant and valid assessment? If so, which assessment and how would we conduct it?
I have a learner who has a Grade D in English and she has struggles in terms of comprehension and requires a lot of detail. She is able to do her job, but struggles with the actual GCSE content. What are the options for her to not complete English FS?
A) The assessment does not have to be completed by a medical practitioner. appropriate professional (for example, the head of special education needs (SEN), or an equivalent individual with suitable knowledge and expertise.
In the example described, it is not sufficient to state they struggle. You would need to ascertain whether the struggle was due to a learning difficulty or disability. There would need to be a learning difficulty or disability, which even with reasonable adjustments, you have determined that it would not be expected that they would be able to complete the regular Functional Skills requirements before the apprenticeship planned end date.
Q) Can you add the ALN information into a normal review from rather than create a separate review
A) Yes.
Q) Will ESFA provide a MFA declaration template?
A) They have not so far. There are various versions of MFAs that can be downloaded online. An example of one is provided here, but this is an unofficial version, not formally approved by the ESFA or Bud or Professional Assessment Limited. It is for the provider to determine the format of template they wish to provide to their employers, provided that it covers the expectations of the funding rules.
Q) If subsidy control is an employer responsibility, what impact would there be on the provider if there is not a copy of the declaration.
A) It is not a funding expectation at audit. And there is no expectation for the provider to retain copies of the MFA declaration. However it is an expectation of the funding rules, and providers are contractually obliged to follow the rules.
Q) If there is a non-mandatory qual in a standard, what evidence must the provider provide to ESFA/employers/keep on file that they have not used the funding to pay for it?
A) Keep evidence of how you have determined the price of the apprenticeship based on eligible costs. This should clearly show it does not include any costs incurred in providing the non-mandatory qualification.
Q) I heard (don't know if it's true) that providers don't have to complete a full skill scan with 16-18 year old learners from August. Will Bud do anything to make it simpler to prefill the Bud skill scan with one level (1-3) for all KSB in order to simplify this process?
A) We’ve recently updated the Skill Scan in Bud and we hope those changes have already made it easier to complete, and we have no current plans to make further changes to the Skill Scan.
It is true that v2 of the 2023-24 funding rules introduced this change for 16-18 year olds, but the feedback we have received is that a providers will still continue to use a Skill Scan for all learners as it provides consistency across all learners and provides a useful baseline for measuring progress throughout the Apprenticeship.
Q) You mentioned that BUD will have updates on 6th August, If we have already some learners for September - do we require a resign and will all the relevant updates be in BUD by 6th August?
A) The final funding rule changes will be in place following the release on 6th August. You will need to adhere to the funding rules for the academic year the start date falls in, so if you have already signed documents that are missing information, you may need to generate new versions of those documents following the release.
Q) Initial assessment - How does that work for an Employer Provider? to clarify in relation to the approval of the employer re your slide to say the employer needs to agree
A) The line manager of the apprentice or other person of authority authorised to sign on behalf of the manager, would agree as the employer.