Apprenticeship funding rules for main providers

New for 1 August 2022:

P40 to P55 - Restructure: New sub-headings have been added to break up the section and some text moved around within the section, to aid flow. The commitment statement has been renamed as training plan throughout.

P41.2 - Clarification: That activities such as shadowing and mentoring can be included as off-the-job training, where this activity has been agreed and documented as part of the agreed training plan.

P41.3 - Clarification: We have deleted the word ‘assessments’. New for version 1.

P42.1 - Clarification: That time spent on initial assessment and onboarding activities do not count towards off-the-job training.

P43 and P44 - New rules: We have amended the off-the-job training policy to remove the link to the apprentice’s working hours (for full-time apprentices). The new minimum off-the-job training requirement for a full-time apprentice is 20% of a 30 hour week (even where the apprentice works more than 30 hours per week for an employer); this equates to an average of 6 hours of off-the-job training per week. The minimum requirement for a part-time apprentice remains unchanged (i.e. 20% of their normal working hours over an extended duration). This policy change only applies to new starts from 1 August 2022. Updated for version 1.

P45 - Clarification: We have made it clear that despite the (new) minimum off-the-job training requirement, the volume of training hours delivered must be supported by the initial assessment. Some apprentices and standards will need more than the minimum requirement.

P47 - Clarification: For apprentices with term time only contracts (such as those in the teaching profession), we have clarified how off-the-job training is calculated.

P47.2.1 - New rule: For those apprentices with a term-time only contract, if there is no planned activity (active learning) over the 6 week summer holiday we do not require a break in learning. This is the only exception to the active learning / break in learning rules. New for version 1.

P49 - New rule: If planned off-the-job training hours have been submitted in the ILR for the apprentice, actual off-the-job training hours must also be submitted in the ILR, at the end of the practical period or where the apprentice leaves the apprenticeship early as a non-completer; this includes current learners on programme as of 31 July 2022. Updated for version 1.

P50.1 - Clarification: We have clarified that if off-the-job training must, by exception, take place outside of the apprentice’s normal working hours, the apprentice must agree and must be compensated for this (text taken from OTJ guide).

P52 - Clarification: We have clarified how ‘active learning’ and ‘front-loading’ can work together. Updated for version 1.

P52.3.1 - Clarification: Where catch-up training is delivered over a shorter period, you must ensure the apprentice still receives the minimum number of hours required to meet the off-the-job training policy.

P53 - Clarification: To confirm that you are responsible for retaining evidence to support both your own delivery and that of others. In both cases, evidence must be quantifiable and must meet the off-the-job training definition.

P53.1.1 - New content: A template evidence form has been made available on GOV.UK. It is not mandatory to use this template.

Flowchart: This has been updated to reflect the new minimum requirement.

P40.1 It is training which is received by the apprentice within their practical period, during the apprentice’s normal working hours, for the purpose of achieving the knowledge, skills and behaviours of the approved apprenticeship that is referenced in the apprenticeship agreement. By normal working hours we mean the hours for which the apprentice would normally be paid, excluding overtime.

P40.2 It is not on-the-job training, which is training received by the apprentice for the sole purpose of enabling the apprentice to perform the work for which they have been employed. By this we mean training that does not specifically link to the knowledge, skills and behaviours set out in the apprenticeship.

P40.3 Further information about off-the-job training can be found on GOV.UK.

Off-the-job training must deliver new skills that are directly relevant to the apprenticeship standard. It can include the following:

P41.1 The teaching of theory (e.g. lectures, role playing, simulation exercises, online learning and manufacturer training);

P41.2 Practical training, shadowing, mentoring, industry visits and participation in competitions, where the activity has been agreed and documented as part of the agreed training plan; and

P41.3 Learning support and time spent writing assignments.

Off-the-job training must not include:

P42.1 Time spent on the initial assessment and on onboarding activities (see glossary for definitions);

P42.2 English and maths training, up to and including level 2. Where this is required this must be delivered in addition to the minimum off-the-job training requirement;

P42.3 Training to acquire knowledge, skills and behaviours that are not required by the apprenticeship standard;

P42.4 Progress reviews or on-programme assessments; or

P42.5 Training which takes place outside the apprentice’s normal working hours, unless the apprentice has been paid for these additional hours or been given time off in lieu (see paragraph P50.1).

Full-time apprentices: (those that work 30 hours per week or more) to be eligible for government funding at least 20% of the apprentice’s normal working hours, capped at 30 hours per week (for funding purposes only), over the planned duration of the apprenticeship practical period, must be spent on off-the-job training.

P43.1 This means that the minimum requirement, for apprentices working 30 hours or more per week is an average of 6 hours of off-the-job training per week (i.e. 20% of 30 hours) over the planned duration.

P43.2 When calculating the required amount of off-the-job training, the apprentice’s statutory leave entitlement must be deducted. Employees who work a 5-day week receive at least 28 days paid leave (20 days annual leave plus 8 bank holidays); this is the statutory leave entitlement referred to in this paragraph and is the equivalent of 5.6 weeks of holiday.

P43.3 Therefore, for a full-time apprentice following a 12 month apprenticeship, off-the-job training is delivered over 46.4 weeks (52 weeks minus 5.6 weeks of statutory leave).

P43.3.1 This provides, as a minimum, 278 hours of off-the-job training (46.4 weeks x 6 hours).

P43.3.2 This formula must be adapted for longer duration apprenticeships (the example given above is for a 12 month apprenticeship standard).

Part-time apprentices (those that work less than 30 hours per week): If the apprentice works less than 30 hours per week, they are considered to be part-time and you must extend their duration (using the formula set out in paragraph P36).

P44.1 To be eligible for government funding at least 20% of the apprentice’s normal working hours, over this planned and extended duration of the apprenticeship practical period, must be spent on off-the-job training.

P44.2 When calculating the required amount of off-the-job training, the apprentice’s statutory leave entitlement must be deducted (pro-rata for part time workers).

P44.3 Overall, the minimum off-the-job training requirement for a part-time apprentice must be no less than the minimum off-the-job training requirement for a full-time apprentice (i.e. a minimum of 278 hours for a 12 month apprenticeship). Less training is delivered on average per week over an extended duration.

P44.3.2 This formula must be adapted for longer duration apprenticeships.

The volume of training hours you plan to deliver must be supported by the initial assessment.

P45.1 Some apprentices and standards will need more than the minimum requirement. Apprentices must receive the volume of high-quality apprenticeship training that they need to develop full occupational competence.

P45.2 It must be clear to all parties how you have worked out the amount of off-the-job training required by the apprentice, and you must record this in the evidence pack.

The requirements set out above are for calculation purposes only; once the volume of off-the-job training is calculated, you and the employer must agree when, where and how the off-the-job training is delivered within the apprentice’s practical period (see paragraphs P50 to P52).

The off-the-job training requirement for an apprentice with a term-time only contract (e.g. such as those in the teaching profession) should be no less, as a minimum, than any other apprentice. Term-time apprentices must also meet the minimum duration requirement.

P47.1 Off-the-job training is calculated as though the apprentice is working 52 weeks per year (minus statutory leave). Once the calculation is made, the training can be delivered across the weeks specified in the term-time only contract (usually 39 contact weeks), if this is what has been agreed between the employer and main provider.

P47.2 This will mean delivering more than an average of 6 hours per week (for a full-time apprentice) during term-time, in order to meet the minimum requirements of the off-the-job training policy.

P47.2.1 For those apprentices with a term-time only contract, if there is no planned activity over the 6 week summer holiday we do not require a break in learning. This is the only exception to the active learning / break in learning rules.

The number of planned off-the-job training hours, for the full apprenticeship, must be clearly documented on the apprenticeship agreement and the training plan (these must be separate documents). It must also be documented on the individualised learner record (ILR); you must not change the planned off-the-job training hours figure on the ILR once submitted (except for a data input error at the beginning of the programme).

If planned off-the-job training hours have been submitted in the ILR for the apprentice, actual off-the-job training hours must also be submitted in the ILR, at the end of the practical period or where the apprentice leaves the apprenticeship early as a non-completer; this includes current learners on programme as of 31 July 2022.

Off-the-job training must take place within the apprentice’s normal working hours. By normal working hours we mean their paid hours excluding overtime.

Within the apprentice’s normal working hours, it is up to you and the employer to discuss, agree and document when, where and how the off-the-job training is delivered. It can:

P51.1 Include training that is delivered at the apprentice’s normal place of work (but away from their productive job role);

P51.2 Be delivered evenly over the duration of the apprenticeship (e.g. regular day release) or it can include block release (including front loaded training); or

P51.3 Include interactive online learning (virtual classrooms) or self-directed distance learning. The entire apprenticeship must not be fully delivered by self-directed distance learning.

The apprentice must be involved in active learning (off-the-job training or English and maths training) throughout the apprenticeship, from the learning start date to the learning actual end date (the practical period).

P52.1 A break in learning must be used where there is no active learning for 4 weeks or more. A break in learning can be with or without a break from work (see paragraphs P266 to P268.3). (See paragraph P47.2.1 for an exception for those on a term-time only contract).

P52.2 Training can still be front-loaded at the beginning of the apprenticeship, delivered in ‘blocks’, or delivered around employer peak periods, provided there is some planned learning activity every 4 weeks in order to keep the apprentice engaged.

P52.2.1 Active learning does not need to be face to face delivery by the training provider; it can also include, for example, mentoring by the employer (where this activity has been agreed and documented as part of the agreed training plan), virtual classrooms, online learning or the apprentice completing an assignment.

P52.2.2 The activity must meet the definition of off-the-job training or be English and maths training.

P52.3 If planned off-the-job training is unable to take place as scheduled, you and the employer must ensure this is re-arranged or replanned so that the full complement of training set out in the training plan can still be delivered.

P52.4 Apprentices on maternity, adoption or shared parental leave may use their statutory keep in touch (KIT / SPLIT) days to continue with off-the-job training during their period of leave (please refer to paragraphs P277 to P285 for further information).

You are responsible for retaining evidence to support both your own delivery and that of others.

P53.1 The evidence must be quantifiable and must also meet the off-the-job training definition (namely that the activity is directly relevant to the apprenticeship, it teaches new knowledge, skills and behaviours; takes place in the apprentice’s normal working hours; and is not English and maths up to Level 2).

At the end of the programme, if the actual volume of off-the-job training hours delivered is less than the original volume of planned hours (agreed with the employer and apprentice at the beginning of the programme), you must produce a statement to summarise the following information:

P54.1 The original volume of planned hours (as documented on the original apprenticeship agreement and the original training plan and recorded in the planned hours field of the ILR). This volume must have met the minimum policy requirement over the planned duration of the programme (see paragraphs P43 to P44) but may have been more than this minimum requirement.

P54.2 The actual hours of off-the-job training delivered (as supported by proof of delivery in the evidence pack and recorded in the actual hours field of the ILR).

P54.3 The volume difference between these two figures.

P54.4 The reason for this difference (e.g. further prior learning may have been identified part way through the apprenticeship, therefore requiring less training overall).

P54.5 Confirmation that the actual off-the-job training hours delivered met the minimum policy requirement over the apprentice’s actual time on programme.

P54.6 Confirmation that the apprenticeship met the minimum duration.

The employer and apprentice must countersign this statement if they agree with and are satisfied by the quantity of training that was delivered, even though this is different to (less than) the original volume agreed at the beginning of the apprenticeship.

P55.1 The summary statement must align with changes made in the training plan. The statement serves only as a summary of these volume changes (between the original training plan and the final training plan) and is not a substitute for the training plan content being updated, where necessary, on an ongoing basis (e.g. as a result of progress reviews) (see paragraph P56.6).

P55.2 Where a signed summary statement is required (see flowchart below), this should be completed and signed by the relevant parties and made available as part of the evidence pack within 12 weeks of the apprentice completing their apprenticeship.

P55.3 Where a signed summary statement is required and this is not available in the evidence pack, funds may be at risk of recovery.

P55.4 If the apprentice has spent less than the minimum policy requirement (over their actual duration) on off-the-job training, then the programme is not a valid apprenticeship and all funding is at risk of recovery.