1. Championing Young People’s Learning YPLA Funding Team YPLA Learner Eligibility Guidance (LEG) 2011/12-v1 - published July 2011 (separate presentations are also available on Funding Guidance and ILR Funding Returns Championing Young People’s Learning

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 YPLA subject to Skills Funding Agency Fee Remission Rules. The YPLA LEG rules now included within document Funding Regulations – Section 3 with compliance evidence in Section 6.

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

5. Championing Young People’s Learning Eligibility Regulations 2011/12 The current main guidance and rules on learner eligibility for 2011/12 are set out in the Funding Regulations – Section 3 - Learner Eligibility Paragraphs 24 to 37 - Determination of eligibility/context Eligibility – the Law Paragraph 38 - Fees and Awards Regulations (the law). Agency 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.

6. Championing Young People’s Learning 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’.

7. Championing Young People’s Learning 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.

8. Learner Eligibility The Rules themselves Championing Young People’s Learning

9. Paragraph 38 Fees and Awards Regulations a.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)

10. Championing Young People’s Learning 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.

11. Championing Young People’s Learning 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).

12. Championing Young People’s Learning 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

13. Championing Young People’s Learning 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.

14. Championing Young People’s Learning 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.

15. Fee Remission (followed by Summary) Championing Young People’s Learning

16. Fee Remission All funded 16-18 year olds eligible for full fee remission. For all adults funded by the YPLA - 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.

17. Championing Young People’s Learning Summary 2011/12 Funding Regulations Learner Eligibility Guidance (Section 3) apply to all YPLA 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.

18. Questions and Answers on Eligibility Championing Young People’s Learning

19. Learners eligible but not meeting 3 year residency requirement QDo refugees need 3 years residency to be eligible? ANo, anyone granted refugee status by UK Government is eligible since being so recognised regardless of length of residency in UK (Paragraph 38 (d). QDo those granted British citizenship or given permanent settled status need 3 years residency before being eligible? ANo, - paragraphs 40 (and 41) confers learner eligiblity 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.

20. Championing Young People’s Learning Foreign Students QAre those with immigration permission to reside in the UK as foreign students eligible for public funding? ANo. In particular for 16-18 learners there are 2 groups of 16-18 learners normally ineligible for YPLA funding: (1)Foreign 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. (2)Illegal immigrants

21. Championing Young People’s Learning Note:A young person resident in UK in education and/or training whilst their parents are legally and temporarily resident in UK is not usually defined as a foreign student but as a dependant and may be eligible for funding under paragraph 41.

22. Championing Young People’s Learning Q 19+ learners classified as 16-18 for funding purposes The guidance states if a student is 16-18 at the start of their programme they remain so 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 16-18 learner for funding purposes when they start the level 3? Answer: No Another example: Learners commencing the foundation construction award in yr 1 and intermediate award in year 2. Answer: No. Same as above example.

23. Championing Young People’s Learning A 19+ learners classified as 16-18 for funding purposes A 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 16-18 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- 18 funding by a single year.

24. Championing Young People’s Learning On Line Enrolment & Signed Enrolment Forms QIs there an intention for the YPLA 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? ABest practice is surely that providers would want learners to sign a Learning Agreement/ Enrolment Form when first attending their programme (legal, health and safety and data protection reasons). The YPLA 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.

25. YPLA Funding Team YPLA Learner Eligibility Guidance (LEG) 2011/12-v1 - published July 2011 (separate presentations are also available on Funding Guidance and ILR Funding Returns Championing Young People’s Learning