Agency Learner Eligibility Guidance (LEG) 2010/11-v 1.0 (Summer 2010)

1. Agency Learner Eligibility Guidance (LEG) 2010/11-v 1.0(Summer 2010) By Funding Policy Implementation Team 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. • Agency LEG book is common to both YPLA and Skills Funding Agency to simplify learner eligibility guidance for all providers and this presentation will be of benefit to providers funded by either or both Agencies. Championing Young People’s Learning

3. 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. Championing Young People’s Learning

4. 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. Championing Young People’s Learning

5. Eligibility Regulations 2010/11 The current main guidance and rules on learner eligibility for 2010/11 are set out in the Agency Learner Eligibility Guidance 2010/11 Section 2, paragraphs 4 to 24. Paragraphs 4 to 18 - Determination of eligibility/context Eligibility – the Law Paragraph 19 - Fees and Awards Regulations (the law). Agency eligibility concessions for following learners: Paragraph 20 - Discretion for learners with work-related immigration permission to remain in UK (not EEA area). Paragraph 21 - Discretion for learners not meeting 3 year rule. Paragraph 22 - Discretion for Adult Asylum Seekers. Paragraph 23 - Discretion for 16-18 year old learners only. Paragraph 24 – Individual Learners with exceptional circumstances. Championing Young People’s Learning

6. Paragraphs 4 – 15, and 27 Paragraphs 4 - 5 - Determination of learner eligibility. Paragraph 6 - Eligibility must be determined at start but then extended for whole programme and remain eligible for follow on programmes. Paragraphs 7 - 11 - Advice on provider normal recruitment areas – need to agree the area with providers normal funding body/Agency. Paragraphs 12 - 15 - Assessing eligibility; - definition of `relevant date’. Paragraph 27 - Explanation of immigration stamp: “No Recourse to Public Funds” and why this does not affect individual learner eligibility. Championing Young People’s Learning

7. Paragraphs 16, 17 and 18 Paragraph 16 - Definition of EEA. Paragraph 17 - Reminder that learners of any countries that join the EU are only eligible for home fees, subject to 3 years residency in newly enlarged EEA, from the start of the teaching year after they join EU. Paragraph 18 - Definition of Ordinarily resident. Championing Young People’s Learning

8. Learner EligibilityThe Rules themselves Championing Young People’s Learning

9. Paragraph 19 Fees and Awards Regulations Settled Status / Ordinarily Resident in UK for 3 years European Categories b. EU nationals and children c. EEA/Swiss migrant workers & spouses & children – see para 15 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) Championing Young People’s Learning

10. Paragraph 20 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). This group will be ineligible under paragraph 19 as they will not have settled status. This does NOT apply to non EEA nationals who have immigration leave to remain in another EEA country but not UK (EU treaty eligibility in paragraph 19(b) only applies to EEA nationals also living in EEA area). Championing Young People’s Learning

11. Paragraph 21 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 19). Championing Young People’s Learning

12. Paragraph 22 – adult learners only Adult Asylum Seekers Asylum Seekers who have LEGALLY been in the UK pending consideration of their claim by the Home Office for longer than 6 months. b. Asylum Seekers refused asylum but eligible and granted support under Section 4 of the Immigration and Asylum Act 1999 - no Section 4 = no eligibility for YPLA funding. *Asylum seekers who receive Section 4 support have signed to return to their home country as soon as it is safe to do so. Championing Young People’s Learning

13. Paragraph 23 – 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. Championing Young People’s Learning

14. Paragraph 24 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. Championing Young People’s Learning

15. Ineligible learners Paragraphs 28 – 30 and 33 - 34 - Learners must only be funded once at any one time. - Overseas foreign students are usually ineligible for funding as immigration status enables them to access UK education as full cost overseas learners. Paragraphs 31 - 32 - Learners from other parts of UK usually not eligible as they have their own funding arrangements – Scottish, Welsh or NI learners. - Channel Islands and Isle of Man residents ineligible as their own independent government responsible for their funding. Paragraphs 35 - 37 - extended eligibility for learners serving in Armed Forces whilst temporarily resident overseas. Championing Young People’s Learning

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

17. Fee Remission All funded 16-18 year olds eligible for full fee remission. For all adults funded by the Skills Funding Agency (and the small number of learners aged 19-24 funded by YPLA) the rules on fee remission are set out in Section 4 of LEG. Those eligible must meet one of paragraph 102 criteria (no exceptional circumstances are available for individual learner circumstances for fee remission). Tuition Fee charges by Providers Whilst the criteria for claiming fee remission from either Agency is clear with no exceptional circumstances for individual learners allowed for claiming fee remission, the actual fee charged by providers to individual is entirely at their own discretion. Providers are recommended to adopt their own fee charging policy. Some providers have been legally challenged by individual learners over their fee charges and it is worth noting that any reduced charges to individual learners may be seen by the courts as setting precedents for other learners. Championing Young People’s Learning

18. Summary 2010/11 Agency Learner Eligibility Guidance applies to all YPLA (or Skills Funding Agency) funded provision. Eligibility rules exist to distinguish between fully funded and co funded learners. Eligible learners - paragraphs 19 – 24 of LEG. Paragraph 21 eligible learners - DO NOT need 3 years residency. Exceptional Circumstances must be UNIQUE to each individual learner. Championing Young People’s Learning

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

20. Learners eligible but not meeting 3 year residency requirement Q Do refugees need 3 years residency to be eligible? A No, anyone granted refugee status by UK Government is eligible since being so recognised regardless of length of residency in UK (Paragraph 19 (d). Q Do those granted British citizenship or given permanent settled status need 3 years residency before being eligible? A No, - paragraph 21(b) confers learner eligiblity without the need for 3 years residency. The concessions in paragraph 21 are intended to confer eligibility on those who fail to meet the normal 3 year under paragraph 19 BUT for whom UK Government has granted extended immigration rights to remain in UK. Championing Young People’s Learning

21. Foreign Students Q Are those with immigration permission to reside in the UK as foreign students eligible for public funding? A No. In particular for 16-18 learners there are 2 groups of 16-18 learners normally ineligible for YPLA funding: (1) Foreign students (see paragraphs 29, 33 and 34) 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 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 23. Championing Young People’s Learning

22. 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. Championing Young People’s Learning

23. 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. Championing Young People’s Learning

24. On Line Enrolment & Signed Enrolment Forms Q Is there an intention for the Agencies to accept on-line enrolment forms and electronic signatures (paragraph 67)? Unsigned enrolment forms are an issue when found in any funding audit. Would a signed learning agreement provide appropriate (substitute) evidence? A Best practice is surely that providers would want learners to sign a Learning Agreement/ Enrolment Form when first attending their programme (legal and health and safety reasons). The Agencies expect to support providers in on-line enrolment – but evidence of electronic signature may actually be more time consuming than getting printed enrolment forms signed? Learners attending provider premises for their actual programmes provide necessary funding audit evidence of existence through registers – which may be electronic or written. Championing Young People’s Learning