EFA Funding Guidance for Young People 2012/13: Learner Eligibility Rules

1. EFA Funding Guidance for Young People 2012/13 Learner Eligibility Guidance (LEG) 2012/13-v1 - published June 2012 (separate presentations are also available on Funding Guidance and ILR Funding Returns EFA Funding Implementation Team (Young People)

2. 2 Aims • To understand why we have learner eligibility rules. • To identify who is entitled to home fees under the regulations. • Confirmation that all 16-18 home learners eligible for Fee Remission. • Learners aged 19-24 funded by EFA subject to Skills Funding Agency Fee Remission Rules. • The EFA LEG rules are included within document Funding Regulations – Section 3 with compliance evidence in Section 6.

3. 3 Why do we have learner eligibility rules ? • The rules exist, so that: We have ineligible learners! • Why? • Providers can charge full cost/overseas fees to learners. • To ensure consistency with HE provision and providers. • Providers protected by the Fees and Awards Regulations when charging fees. • Government guarantees on “free education” are honoured by Providers.

4. 4 Relationship between fees and eligibility • Eligibility rules mean: • Providers can only charge overseas fees to learners ineligible for EFA funding. • No fees can be charged to EFA priority groups (all 16 – 18 year olds). • Equal importance of properly applying, both the EFA Learner Eligibility concessions and the Fees and Awards Regulations.

5. Learner Eligibility - Regulations 2012/13-Section 3 Paragraphs 24 to 37 - Determination of eligibility/context Eligibility – the Law Paragraph 38 - Fees and Awards Regulations (the law). EFA Eligibility concessions for following learners: Paragraph 39 - Discretion for learners (and their children) with work- related immigration permission to remain in UK (not EEA area). Paragraph 40 - Discretion for learners not meeting 3 year rule. Paragraph 41 - Discretion for 16-18 year old learners only. Paragraph 42 – Individual Learners with exceptional circumstances. 5

6. Paragraphs 24 – 34 Paragraphs 24 – 34 - Determination of learner eligibility. Paragraph 26 - Eligibility must be determined at start but then extended for whole programme and remain eligible for follow on programmes. Paragraphs 27 - 30 - Advice on provider normal recruitment areas – need to agree the area with providers normal funding body/Agency. Paragraphs 31 - 34 - Assessing eligibility; - definition of `relevant date’. 6

7. Paragraphs 35, 37 and 44 Paragraph 35 - Definition of EEA. Paragraph 37 - Definition of Ordinarily resident. Paragraph 44 - Explanation of immigration stamp: “No Recourse to Public Funds” and why this does not affect individual learner eligibility. 7

8. Learner Eligibility – The Rules themselves 8

9. Paragraph 38 Fees and Awards Regulations Settled Status / Ordinarily Resident in UK for 3 years European Categories b. EU nationals and children c. EEA/Swiss migrant workers & spouses & children – see paragraph 34 Refugee Categories d. Granted Refugee Status, spouse & children e. With ELR/ELE or HP or DL & Spouse & children Other Categories f. Reciprocal exchange agreements g. Swiss nationals living in EEA area h. Children of Turkish workers (any age) 9

10. Paragraph 39 Additional Concessions – where 3 year residency rule is required Foreign workers with work-related but temporary immigration leave to remain in UK (this group required to work and contribute to UK economy for 3 years before being able to access public funded education and training). But for this group any children likely to be eligible under paragraph 41 where they are aged 16-18. 10

11. Paragraph 40 Additional Concessions – where 3 year residency rule is NOT applied a. ELE/ELR/HP/DL, spouse & children – 3 years residency not required. b. Recently Settled Status – 3 years residency not required. c. Spouse or civil partner of person with settled status both married AND lived in UK for one year. d. A non EEA Spouse or civil partner of an EEA national both married AND living in UK for one year (EEA spouses eligibility falls under paragraph 38). 11

12. Paragraph 41 – young people only Concessions for 16-18 Year olds a. 16-18 year olds who are accompanying/joining parents who have right of abode/leave to enter or children of diplomats. b. 16-18 year olds who are dependants of teachers in UK on teacher- exchange schemes. c. Unaccompanied British Citizens with full British Citizen Passports. d. All 16-18 year olds asylum seekers. e. All 16-18 year olds asylum seekers who are placed in the care of social Services or those in receipt of Section 4 support 12

13. Paragraph 42 Exceptional Circumstances Must be unique to the individual learner. Cannot be used to fund groups of learners. Not defined as learners who would be ineligible under paragraphs 14 – 19. Funding body approval required for each and every learner funded under this paragraph. 13

14. Ineligible learners Paragraphs 45 – 53 45 - Learners must only be funded once at any one time. 46 - Overseas foreign students are usually ineligible for funding as immigration status enables them to access UK education as full cost overseas learners. 48 - Providers not expected to jeopardize public reputation through any active recruitment of learners living outside England 49 - Learners from other parts of UK usually not eligible as they have their own funding arrangements – Scottish, Welsh or NI learners. 51 - Channel Islands and Isle of Man residents ineligible as their own independent government responsible for their funding. 14

15. Fee Remission (followed by summary) 15

16. Fee Remission All funded 16-18 year olds eligible for full fee remission. This includes learners who become 19 after starting a learning aim aged 18. Paragraph 20 sets out the EFA Funding conditions in respect of charges to learners For all adults funded by the EFA - a small number of learners aged 19-24 funded using the SFA funding model the rules on fee remission are separately published by SFA. The SFA guidance document is available from their website. 16

17. Summary 2012/13 Funding Regulations Learner Eligibility Guidance (Section 3) apply to all EFA funded provision. Eligible learners - paragraphs 38 – 42 in Section 3. Paragraph 40 and 41 eligible learners - DO NOT need 3 years residency. Exceptional Circumstances must be UNIQUE to each individual learner. 17

18. 18 Questions and Answers on Eligibility The following slides give examples in a Question and Answers format of learner eligibility for which providers may want further clarification from their funding body (including any written evidence) – please also see the last part of the separate Funding Regulations, Rates and Formula presentation with further example questions and answers

19. Funding eligibility (Q & A) 19 Q1 A college in Lancashire is approached by a learner living in Gretna Green (Scotland) seeking funding to attend the college to follow an A level programme. The learner states that both parents work in Lancashire and will transport him to and from college each day. A1 The EFA guidance supports individual learners being able to attend provision outside the provider normal catchment area (including the funding of individual learners from Scotland and Wales). For such learners the funding body is expected to approve individual learners. BUT it is not acceptable for the college to actively recruit in such areas and the college is not expected to be advertising in Scotland for FE learners. No provider should actively recruit learners living outside the UK.

20. Funding eligibility (Q & A) 20 Q2 A college asks if they can include on their ILR return a school sixth form pupil doing one part of their diploma programme at their college as the school have said they cannot fund the learner as the programme is not taking place in the school? A2 The learner MUST not be entered on the college ILR as a funded EFA 16-18 learner. The funding should be recorded on the school census return as that is the home establishment of the learner and the college should contract with the school for the funding of the learner. The college may put the learner on their ILR recording that the learner is otherwise funded by the EFA. For such provision, although the school is sub-contracting its delivery they will not need to apply the full sub-contracting provision controls guidance in Section 7 as the contractor is also a “directly funded” provider (that is a provider directly funded by either a LA or EFA). This is seen as collaborative provision as set out in paragraphs 103 to 105.

21. Funding eligibility (Q & A) 21 Q3 Is a learner aged 15 in year 12 at a school sixth form eligible for post-16 EFA funding? A3 It depends on the individual learner circumstances. Yes – if the learner has completed their compulsory education as evidenced by achieving a full level 2 qualification – usually at least 5 grade C or above GCSEs. Such learners will usually be those who have been jumped a year or more during their compulsory education period and the EFA would look to support their progression onto full level 3 programmes. No – if the learner has had disruptive compulsory education or recently moved to the UK then the LA remains responsible for the cost of the pupil’s education under their pre-16 education budget. They may send such learners to colleges but the funding for such learners must come from the LA compulsory education budget.

22. Learners eligible but not meeting 3 year residency requirement Q4 Do refugees need 3 years residency to be eligible? A4 No, anyone granted refugee status by UK Government is eligible since being so recognised regardless of length of residency in UK (Paragraph 38 (d). Q5 Do those granted British citizenship or given permanent settled status need 3 years residency before being eligible? A5 No, - paragraphs 40 (and 41) confers learner eligibility without the need for 3 years residency. The concessions in these paragraphs are intended to confer eligibility on those who fail to meet the normal 3 year under paragraph 38 BUT for whom UK Government has granted extended immigration rights to remain in UK. 22

23. Foreign Student Dependants Note: A young person resident in UK in education and/or training whilst their parents are legally and temporarily resident in UK (this includes children of Tier 4 Foreign Students) are not usually defined as a foreign student but as a dependant and will usually be eligible for funding under paragraph 41. 23 Foreign Student Dependants

24. Ineligible Learners (1) Foreign Students Q6 Are those with immigration permission (Home Office Tier 4 students) to reside in the UK as foreign students eligible for public funding? A6 No. In particular for 16-19 learners there are 2 groups of 16-19 learners normally ineligible for EFA funding: Foreign students (HO Tier 4 students) - see paragraphs 46 and 52) who are normally given immigration leave to study in UK as they are expected to pay the full economic cost of attending any publicly funded UK education or training provider. The fees such learners for full time courses will be very substantial and are available to education providers as additional non state funding. Children of Tier 4 students maybe eligible – see previous slide 24

25. Ineligible Learners (2) Q7 Are those with no legal immigration permission to reside in the UK eligible for public funding? A7 No - but some caveats apply to this statement. The EFA recognises that young people living in England who were also living here during their childhood may have certain legal rights to access education and training whilst the Home Office (HO) resolve their immigration status. In offering any final decisions on eligibility the EFA takes into account court decisions on when individuals are liable for deportation and the timescales for any final HO immigration decisions. The differences between learners already attending programmes and those identified prior to enrolment are explained on next slide. Such learners should be encouraged to resolve their immigration status with the HO at their earliest opportunity. 25

26. Ineligible Learners (3) Q8 Are those with no legal immigration permission to reside in the UK eligible for public funding? A8 No - but some caveats apply to this statement as explained on previous slide. Providers who have recruited learners for whom they subsequently find have no legal right to remain in UK should consult their EFA Territory team before making any final decision on the learners eligibility. Providers must consult the EFA before enrolling learners where immigration permission is uncertain at enrolment time. 26

27. Q9 - When are 19+ learners classified as 16-19 for funding purposes The guidance states if a student is aged 16-18 at the start of their programme they remain being funded as a 16-19 funded learner until they complete their programme even if they become 19 during study. For example: A student who is aged 18 wishes to achieve a level 3 in Beauty Therapy but the college policy is that they must complete the level 2 first as part of their programme of study. The student would then be 19 when they started the level 3. Would they still be classified as 16-19 learner for funding purposes when they start the level 3? Answer: No Another example: Learners commencing the foundation construction award in year 1 and intermediate award in year 2. Answer: No. Same as above example. 27

28. A9 - When are 19+ learners classified as 16-19 for funding purposes A9 Both Agencies expects learner to be on same programme and if starting new learning aims in following year to be treated as a new learner. For a learner aged 19 doing a first full level 3 they would be entitled to fee remission anyway and only effect would be adult funding rates paid to provider for the level 3 programme and no 16-19 entitlement. Both Agencies regards AS and A2 as a single programme leading to A levels in respect of this issue but this should only extend 16 - 19 funding by a single year. 28

29. Q10 & A: Can a post 16 provider recruit an under 16 learner? Learner of compulsory school age (refer to Funding Regulations Section 3 paragraphs 54 to 62.) Paragraph 55 confirms that the majority of under 16 learners are funded through the dedicated school grant (DSG) and learners are generally ineligible for post 16 education and training. Exceptional circumstances (paragraphs 56 to 62) Paragraph 57 confirms that learners who have completed their compulsory education by achieving at least the equivalent to a full level 2 at least a year earlier than usual (often referred to as “jumpers”) may be enrolled on full Level 3 courses in the autumn without the need for any individual learner approval by EFA territories. Paragraph 58 confirms that all other pre-16 learners who wish to attend post 16 instead of compulsory school education are subject to individual approval by the EFA Territory and that any agreement to fund such learners from the EFA 16-19 young people budget is both exceptional and only agreed on an individual learner basis.. 29

30. Q11 & A: Can a post 16 provider recruit a year 11 school leaver for a post 16 funded summer programme? The guidance on year 11 learner recruitment for summer programmes as they complete year 11 is in Funding Regulations Section 3 paragraphs 59 to 61. Paragraph 54 confirms young people can legally leave school from the last Friday in June as a completion date for year 11. Paragraph 59 confirms that such learners are counted for Government statistical purposes for the year as part of the year 11 group and should NOT usually be part of the post 16 co-hort of learners for the same year. Paragraph 60 allows for the small scale recruitment of learners who had either disrupted year 11 school education or are expected to have very low attainment and are assessed as a high NEET risk for the following year. Paragraph 61 confirms that the EFA will not count year 11 learners for future lagged 16-19 funding purposes where the study is in the same teaching year as their year 11 school attendance. 30

31. On Line Enrolment & Signed Enrolment Forms Q12 Is there an intention for the EFA to accept on-line enrolment forms and electronic signatures (paragraph 211)? Unsigned enrolment forms are an issue when found in any funding audit. Would a signed learning agreement provide appropriate (substitute) evidence? A12 Providers usually expect learners to sign a Learning Agreement/ Enrolment Form when first attending their programme (legal, health and safety and data protection reasons). The EFA accept electronic signatures where obtained on provider premises (paragraph 213). Learners attending provider premises for their actual programmes provide necessary funding audit evidence of existence through registers – which may be electronic or written. 31

32. Where do I find EFA Funding Guidance for Young People? For each year Funding Guidance for Young People and supporting documents are published on individual web pages for each year (including some power point presentations that explain some of the main principles in each book). EFA Funding Guidance for Young People 2012/13 at: http://www.education.gov.uk/childrenandyoungpeople/youngpeople/studentsupport/funding/a00209794/fundingguidance2012to13 YPLA Funding Guidance 2011/12 at: http://www.education.gov.uk/childrenandyoungpeople/youngpeople/studentsupport/funding/b00203354/efa-funding YPLA Funding Guidance 2010/11 (and earlier LSC years) at: http://webarchive.nationalarchives.gov.uk/20120106200532/http://ypla.gov.uk/aboutus/ourwork/guidance/funding/2010-11 32

33. EFA Funding Guidance for Young People 2012/13 Learner Eligibility Guidance (LEG) 2011/12-v1 - published July 2012 (separate presentations are also available on Funding Guidance and ILR Funding Returns June 2012 EFA Funding Implementation Team (Young People)