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Created 22 September 2021 07:42
Please can I just double check that I’m interpreting the Funding Rules for the enhanced Hire a New Apprentice incentive correctly. We have a number of apprentices who will be starting employment at the end of Sept 2021, but their learning starts in Oct 2021.
The funding rules state
E99.3 have an apprenticeship agreement containing a practical period start date between 1 April 2021 and 30 November 2021 inclusive (subject to paragraph E104 regarding redundant apprentices). The apprenticeship agreement can be the same as the contract of employment. The practical period start date is recorded in the apprenticeship agreement and supplied by your training provider when they submit data about the apprenticeship.
Therefore I just want to be sure that no dates on the App Agreement/ Commitment Statement that need to be in September. So on the App agreement the start date, practical start date and AS account start month can all be October. The only thing that needs to be September is the Contract of employment and PAYE. I just wanted to be really sure as it only mentions the practical start date in the finding rules.
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The start date on the Apprenticeship Agreement should be the date the Apprentice commenced employment as a new employee (same as on the contract of employment, containing a start date between 1 April 2021 and 30 September 2021 (inclusive).
The practical period start date on the Apprenticeship Agreement may be later (as the ILR start date) and between 1 April 2021 and 30 November 2021 inclusive.
22 September 2021 08:17
So for an existing employee (not one applying for incentive and not paid app minimum wage) that may be more than year before? The DAS date and ILR can be October then?
Please can you send me that detail on the apprenticeship agreement start date and what evidence we need to hold for that, as the apprentice won't be in learning. Thanks. It's also different to the answer I had from the ESFA helpdesk in the past, who said the two start dates were the same . Thanks
22 September 2021 08:30
No, for an existing employee the start date on the Apprenticeship Agreement would be the date they were employed as an apprentice, evidenced by a change in their contract of employment or the Apprenticeship Agreement.
The DAS and ILR start date (start of practical period) must be between 1 April 2021 and 30 November 2021, so October is Ok
The information you received from the ESFA helpdesk was incorrect and is covered on the Apprenticeship Agreement by note 3 and 4:
The reason for the difference in the dates in 3 and 4 is to allow the employer to pay the apprentice the minimum of the NMW rate for an apprentice and for the employer to claim NI rates reduction for the employee as an Apprentice, also the employer may require a probationary period or a period of time to arrange training with a Provider and set up a DAS account after they have agreed to employ them as an apprentice.
22 September 2021 09:05
Thanks, I had read the guidance on the form but took the when an individual starts a statutory apprenticeship programme , to mean they had started in learning/ ILR start date. If this isn't the case is there anything to stop an employer starting an apprentice on an apprenticeship agreement and paying the app minimum wage from Jan, but then not starting them on the actual course until September?
22 September 2021 09:25
The Apprenticeship Agreement has two start dates for the reasons stated in its notes, an apprenticeship is undertaken with an employer and not only a course with a training provider although some think that this is the case.
22 September 2021 09:50