Jenna Carlin

Local flexibility rule


Can somebody please confirm for me so I know I am giving out the correct guidance and information;

A learner aged 19-24 who does not hold a full level 2 already cannot be funded through the AEB for a course which although states it's a level 2 on the finding a learning aim site the category code is 40 local flexibility so not a full level 2.

A learner aged 19-24 who does not hold a full level 2 already can be funded by the AEB for a level two qual from the link below and would state on the finding a learning aim site category code 37 legal entitlement-level 2

Qualification Downloads - ESFA List of Qualifications approved for funding (


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Martin West

Yes that is correct see the following from the funding rules:

Local flexibility

ESFA funded AEB also supports delivery of flexible tailored provision for adults, including qualifications and components of these and/or non-regulated learning, up to level 2 – we call this ‘local flexibility’. Local flexibility provision either is fully or co-funded, depending on the learner’s age, prior attainment and circumstances. Please refer to the ‘level of government contribution’ table on page 36 and 159 to 213 for learner eligibility. Where appropriate for the learner, you can deliver local flexibility provision alongside a legal entitlement qualification.
153. Learners aged 19 to 23 progressing towards their first full level 2, must undertake learning at entry and/or level 1 only from local flexibility.

Local flexibility and legal entitlements
154. Learners aged 19 to 23 who progress to their first full level 2, must only enrol on a qualification from the Qualification funding approval: funding year 2020 to 2021 manual set out in paragraph 151.
155. Learners aged 19 to 23 and aged 24 and over, who have already achieved at level 2, or above can undertake learning up to and including level 2 qualifications from the local flexibility offer or qualifications for the level 2 legal entitlement available on the Qualifications website or the Hub.
156. Learners aged 24 and over who have not achieved a level 2 qualification can undertake learning up to and including level 2 qualifications from the local flexibility offer or qualifications in the level 2 legal entitlement list available on the Qualifications website or the Hub.
157. Eligible 19-year-old learners exercising their legal entitlement, can also access qualifications from the qualifications in the one year skills offer for 18 – 19-year-olds, for more information on eligibility criteria refer to paragraph 166 to 168.

Luke Burns

Hi Jenna,

Yeah, that's basically it - if they're in scope for Level 2 Legal Entitlement funding (aged 19-23 on 31 Aug, no full level 2) and they try to study any level 2 that is NOT in the Legal Entitlement list, they get no funding at all.

If they have already achieved a full level 2, then they can claim AEB via the unemployed/benefits route, the employed/low wage route, or co-funding (in that order).

If they are aged 19-23, with no full level 2, and they choose a level 2 from the Legal Entitlement list, then they get full funding.

Hope that makes helps!

Jenna Carlin

Thank you for the reply!

This is how I have been working and was my understanding. I haven't came across this rule violation in my reports since 18/19 when it was FRM18. I have been asked for information on this rule and looking at the 20/21 FRM guidance would this rule now be;
And would they come up as an error or warning in rule violating reports when submitting my ILR, the FRM reports that come from submit my learner reports, VYED or all of the above.


Simon Liversedge

Hi just jumping on this thread as I have had it picked up. 
We have a 19-23 year old who does not have a full l2 wanting to do a qual on local flex. I was always led to believe as the posts point out that they could only do a legal entitlement but on the level of contribution table fourth row down it says learning to progress to L2 full funded (up to and including L1). It has an ^ next to it which then says must be delivered as entry or level one from local flex. 

As this learner is doing wanting to do a  L1 on local flex and then progress to a L2 would this not make them eligable?

This is through national AEB but GMCA do have something to clarify things a bit further by saying they will fund "Local flexibility provision:
- Up to and including level 1 to support progression to a first full level 2"


Isla Beevers

Yes if a student 19-23 is wanting to study a level 1 or below with the aim to work towards a full level 2 then the level 1 or below course is fully funded if it is AEB funded via Local Flexibility.

Louise Robinson

Do you need evidence to show the learner intends to progress to FL2?  If so, would a declaration suffice?

Also, would progressing to a L2 Apprenticeship count?