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There are loads of threads on here about this sort of scenario, it's a real issue for lots of us!
As Melanie says, they have to be employed up until the end of the EPA. Apprenticeship rules then say;
P76 If an apprentice becomes unemployed or self-employed, they will at that point no longer be eligible for funding and you must report them as having withdrawn from the apprenticeship on the ILR. If the apprentice has been made redundant, see paragraph P77.
So, unless they were made redundant, they can't even sit their EPA unless they find a new employer who is prepared to sign up and pay for the completion element.
The rules do say;
P26 The apprentice must be employed by an employer, or an apprenticeship training agency (ATA), for a period which is long enough for the apprentice to complete the apprenticeship successfully (including the end-point assessment).
Chris Baker
Practical Duration for Apprenticeship
Created
Hi
We have an Apprentice that has completed her practical period of her apprenticeship on 21/10/2021 and all certificates have been claimed. She is now awaiting EPA.The employer released her on her last day of learning as the apprenticeship contract had come to an end.Do we still get a completion payment when EPA is achieved and we submit the ILR ?
Thanks
Chris