Programme eligibility

What employers, providers and apprentices must do and can expect from an apprenticeship. Includes what an apprenticeship is, contracts, pay, recognition of prior learning, and training.

Programme eligibility

What is an apprenticeship?

EP22

An apprenticeship is a job with training. Through an apprenticeship, an apprentice will gain the technical knowledge, practical experience and wider skills and behaviours that they need for their immediate job and future career. The apprentice will gain this through:

• EP22.1 Formal off-the-job training (which is an eligible cost, provided both the individual and the programme can comply with these funding rules); and

• EP22.2 The opportunity to apply these new skills in a real work environment (in a productive job role) through on-the-job training, which is the responsibility of you (as the apprentice’s employer).

Initial assessment

New for 1 August 2022:

• EP23 to EP24 - New rules: We have outlined the requirements of an initial assessment. This includes the requirement for there to be a direct link between the productive job role and the apprenticeship standard and for you (the employer) to provide the individual with the appropriate support and supervision, even where the apprentice is working from home. Note that we do not specify which assessment tools must be used, this is for the employer-provider to determine. Updated for version 1.

EP23

If you are accessing government funding to deliver an apprenticeship you must ensure the individual and the programme are eligible for funding by conducting an initial assessment of the individual’s suitability, in line with the proposed apprenticeship. We do not specify which assessment tools must be used, this is for you to determine.

EP24

Your initial assessment must include:

• EP24.1 An assessment of the learner’s eligibility for the apprenticeship programme (see paragraphs EP61 to EP77);

• EP24.2 Identification and recognition the individual’s prior learning and experience, in the form of a skills-scan, which enables the individual to can be assessed against the knowledge, skills and behaviour requirements of the relevant apprenticeship standard;

  • EP24.2.1 If considered relevant by you, or required by the standard, the skills scan can be supplemented with additional diagnostic testing, of either occupational competence or of English and maths prior attainment;

  • EP24.2.2 The results of the skills scan and any supplemental diagnostic testing must evidence that the individual requires significant new knowledge, skills and behaviours in order to be occupationally competent in their job role, and that the training required meets the funding rules relating to the minimum duration of an apprenticeship (paragraphs EP35 to EP39) and to off-the-job training (paragraphs EP40 to EP55);

  • EP24.2.3 There must be evidence that the programme content, duration and price has been reduced accordingly (see paragraphs EP25 to EP26 for further guidance, including how to calculate and document the price reduction);

• EP24.3 Identification of any learning difficulties and / or disabilities;

  • EP24.3.1 Where your assessment identifies potential learning difficulties and / or disabilities, that may require a reasonable adjustment to be made, you must follow the funding rules set out in EP78 to EP89 if you need to claim learning support; and

• EP24.4 A discussion with the individual so that all parties have a shared understanding of the desired learning outcomes, the results of the initial assessment activities listed above (see paragraphs EP24.1 to EP24.3) and how this information will inform a tailored training plan. The parties must agree that:

• EP24.4.1 An apprenticeship is the most appropriate training programme for the individual;

  • EP24.4.2 The training programme aligns with an approved apprenticeship standard, at the most appropriate level;

  • EP24.4.3 The individual’s job role has a productive purpose and there is a direct link between this job role and the selected apprenticeship standard;

  • EP24.4.4 You will provide the individual with the appropriate support and supervision to carry out both their job role and their apprenticeship (including the end-point assessment), particularly where the apprentice is working flexibly, including working from home;

  • EP24.4.5 You will release the apprentice for off-the-job training (and English and maths training if required) as documented in the training plan; and

  • EP24.4.6 You will provide the apprentice with the opportunity to embed and consolidate the knowledge, skills and behaviours gained through off-the-job training into the workplace.

Recognition of prior learning and experience

New for 1 August 2022:

• EP25 to EP26 - New rules: We have outlined what the assessment of prior learning activity must include. This includes a new formula that must be used to reduce the price to account for prior learning. Updated for version 1.

New for 30 September 2022 – version 2

• EP25.5.2 - Clarification: We have added further clarification of the RPL calculation. There is also reiteration that the amount added in TNP2 is the price agreed with the end point assessment organisation.

EP25

You must assess, as part of the initial assessment, the individual’s prior learning and experience before starting the apprenticeship (see paragraphs EP23 to EP24).

• EP25.1 Funds must not be used to pay for training for knowledge, skills and behaviours already attained by the apprentice. We will take action to recover apprenticeship funding where this happens.

• EP25.2 Your assessment must identify and document any knowledge, skills and behaviours, relevant to the apprenticeship standard, gained from the following:

  • EP25.2.1 Prior education, training, or associated qualifications in a related subject sector area, including any previous apprenticeship undertaken; or

  • EP25.2.2 Learning or competence gained from prior work experience, particularly where the apprentice is an existing employee, or is beginning their apprenticeship after completing another programme with a relevant work placement

• EP25.3 You must check the individual’s personal learning record if they have one.

  • EP25.3.1 Where the individual has completed a T-Level, you must also take account of the progression profiles published by the Institute, which will identify if a subsequent apprenticeship in the same occupational area can be funded (as there is at least 12 months off-the-job training left to deliver) and if so, whether that apprenticeship must be an accelerated apprenticeship (see glossary definition).

  • EP25.3.2 Where published and relevant, guidance on progression routes for skills bootcamps and occupational traineeships must be considered in the same way.

• EP25.4 Your assessment must quantify the content which should be omitted from the training plan, in the form of a volume of off-the-job training hours.

  • EP25.4.1 The reduction of off-the-job training hours must translate to a reduction in duration and in the total negotiated price. (If you cannot reduce the duration, you must still meet the minimum requirements of the off-the-job training policy for the full duration of the apprenticeship that you have reported to us in the ILR).

  • EP25.4.2 It should be noted that some standards linked to regulated professions (e.g. the nursing associate standard) require that prior learning (including experience in the workplace) is formally accredited. The relevant industry / professional body will be able to provide further advice.

  • EP25.4.3 Where you account for prior learning and experience and the reduction of content would mean that the apprenticeship would fail to meet either the minimum duration requirement or the minimum off-the-job training requirement, the apprenticeship is not eligible for funding.

• EP25.5 To reduce the total negotiated price you must:

  • EP25.5.1 Calculate the percentage of prior learning that the individual has, as a percentage of the off-the-job training hours that would be delivered to an individual with no relevant prior learning for the same standard. For example, if the individual’s prior learning accounts for 300 off-the-job training hours and typically, for the same standard, 1,000 off-the-job training hours would be delivered to an individual with no prior learning, this would equate to 30% prior learning.

  • EP25.5.2 Reduce the total price by at least 50% of the prior learning percentage, from the maximum funding band (the 50% reduction recognises that there are fixed costs in the programme). For the example in EP25.5.1 above, where the apprentice has 30% prior learning, this means there must be a reduction in the total price of at least 15% of the maximum funding band (i.e., £1,500 price reduction if the funding band is £10,000). This reduced price is the maximum that will be paid using apprenticeship funding (e.g. £8,500 for a £10,000 funding band where there has been a 15% reduction).

  • EP25.5.3 This new maximum funding amount becomes the starting point for any further price reduction. Additional discounts could be applied, for example, where the apprentice is part of a large cohort.

  • EP25.5.4 The amount added in TNP2 should be the price agreed with the end point assessment organisation. (See paragraphs EP96.3.1and EP184.6.)

• EP25.6 Further information about recognition of prior learning can be found on GOV.UK.

EP26

Where an assessment has been made and the result of this assessment is that no relevant prior learning exists, you must document this in the evidence pack before starting the apprenticeship.

Employment arrangements (between you and the apprentice)

New for 1 August 2022:

• EP27 - Clarification: We have added a reference to the new flexi-job apprenticeship agencies.

• EP27.1 - New rule: The apprentice must be on the PAYE scheme declared in the apprenticeship service account. This information will be cross-checked with HMRC PAYE data. Updated for version 1.

• EP27.2 - New rule: Added to support multiple concurrent job roles. It must be clear who is undertaking the role of ‘employer’ as defined by these funding rules. (Note that we have removed the rules included in the draft version to support secondments; this change is subject to further review). Updated for version 1.

New for 30 September 2022 – version 2

• EP27.3 - New rule: Added to support secondments during an apprenticeship, making it clear who is undertaking the role of ‘employer’ as defined by these funding rules.

EP27

Unless the apprentice is on an alternative English apprenticeship, they must be employed by an employer, an apprenticeship training agency (ATA) or a flexi-job apprenticeship agency (FJAA), under a contract of employment. This arrangement must be for a period of time which is long enough for the apprentice to complete the apprenticeship successfully, including the end-point assessment.

• EP27.1 The apprentice must be on the PAYE scheme declared in your apprenticeship service account. This information will be cross-checked with HMRC PAYE data.

• EP27.2 If the apprentice has more than one employer at any one time (e.g. two part-time job roles), then only one of these employers can be used for the purposes of the apprenticeship. This is so that the party undertaking the role of ‘employer’ in the apprenticeship, as defined in these funding rules, is clear.

• EP27.3 You may agree with another organisation, for example in your supply chain, to second the apprentice for part of the apprenticeship (subject to all parties agreeing), to enable the apprentice to gain the required knowledge, skills, and behaviours. The apprentice must spend at least 50% of their apprenticeship duration with you, and you remain responsible for the apprenticeship and apprentice’s wages (i.e. they remain on your PAYE scheme for the apprenticeship duration). Due to the nature of their delivery model, the following are exceptions to this:

• apprentices who are employed by a registered Flexi-Job Apprenticeship Agency and are put on placements to host employers

• apprentices who are employed by an Apprenticeship Training Agency and started their apprenticeship prior to 31 March 2023

• apprentices who are employed by an employment agency or business
  
  

For the following exceptions, you will remain responsible for the apprenticeship and the apprentice’s wages, but the apprentice does not need to spend at least 50% of their apprenticeship duration with you:

• apprentices who are part of the NHS Workforce Sharing Agreement / Secondment arrangements

• apprentices who are seconded to an organisation because that organisation is part of a Pooled PAYE scheme and is therefore unable to access apprenticeship funding themselves

EP28

You must be satisfied that the apprenticeship is a statutory English apprenticeship.

• EP28.1 This means it is an arrangement that will take place under an approved English apprenticeship agreement (see paragraphs EP29 to EP31), or an alternative English apprenticeship (see paragraphs EP32 to EP33).

Apprenticeship agreement (between you and the apprentice)

New for 1 August 2022:

• EP30 - Clarification: As two dates are required on the apprenticeship agreement, we have clarified the difference between an apprenticeship start date and a practical period start date. Updated for version 1.

EP29

You must have evidence that the apprentice has an apprenticeship agreement with you at the start of and for the duration of, their apprenticeship. This is defined in section A1(3) of the Apprenticeships, Skills, Children and Learning Act 2009 (as amended by the Enterprise Act 2016) and the Apprenticeships (Miscellaneous Provisions) Regulations 2017.

• EP29.1 A template apprenticeship agreement is available on GOV.UK. This template does not have to be used. Where an alternative is used, the requirements of the legislation as described below (see paragraph EP30) must be met when forming an apprenticeship agreement.

EP30

This approved English apprenticeship agreement must set out:

• EP30.1 The apprentice’s details (name, place of work);

• EP30.2 The apprenticeship standard and level being followed;

• EP30.3 The start and end date of the apprenticeship (this includes the end-point assessment);

• EP30.4 The start and end date of the practical period (this is the part of the apprenticeship where evidenced learning is delivered; it does not include the end-point assessment);

  • EP30.4.1 The practical period start date may be the same date as the apprenticeship start date. This is common for existing members of staff who are already employed in their job role when they decide to become an apprentice and begin their training.

  • EP30.4.2 In the case of an individual who is recruited specifically into a business as an apprentice, the practical period start date may be slightly later than the apprenticeship start date. This is so the individual can begin their job role first (the apprenticeship start date) and then begin their training (the practical period start date). These dates would usually be no more than 2-3 weeks apart.

  • EP30.4.3 The practical period start date on the apprenticeship agreement must match the practical period start date in the apprentice’s training plan and the learning start date in the ILR.

• EP30.5 The duration of the practical period (see paragraphs EP35 to EP39 re minimum duration); and

• EP30.6 The amount of time the apprentice will spend in off-the-job training (see paragraphs EP43 to EP44).

EP31

If the apprenticeship agreement is incomplete and / or does not meet the statutory requirements set out above, the individual will not have a valid agreement and will not be eligible to receive funding.

• EP31.1 The signed apprenticeship agreement must be distributed to both signatories (you and the apprentice) and you must keep a copy of this in the evidence pack, along with any revisions.

Alternative English apprenticeship

New for 1 August 2022:

• EP32.1.1 - Clarification: We have clarified that in the case of redundancy, funding to completion also includes the end-point assessment.

• EP32.3 - New rule: We have added a new alternative English apprenticeship – for those apprentices taking part in the portable flexi-job apprenticeship pilot. Note this pilot only involves specific training providers.

New for 30th September 2022 - version 2

• EP32.4 - New rule: To reflect that prisoners are eligible to start apprenticeships under alternative English apprenticeships from 30 September 2022.

EP32

You must have evidence that the apprentice has an apprenticeship agreement (with you as their employer) in place (see paragraphs EP29 to EP31). The only exceptions to this are:

• EP32.1 Apprentices who have been made redundant and on the day of dismissal:

  • EP32.1.1 Are within six months of the final day of the apprenticeship practical period or they have completed at least 75% of the apprenticeship practical period (see paragraph EP257). These apprentices can be funded to completion, including the end-point assessment, without the need for a contract of employment or an apprenticeship agreement.

  • EP32.1.2 Have completed less than 75% of the apprenticeship practical period and the remaining training represents a training duration of more than six months (see paragraph EP258). These apprentices may seek a new apprenticeship agreement which may have a duration of less than 12 months if required; our policy is that we will fund them for up to 12 weeks while they seek this further agreement.

• EP32.2 Particular office holders, namely constables of English police forces and ministers or trainee ministers of a religious denomination.

• EP32.3 Apprentices taking part in the portable flexi-job apprenticeship pilot (see paragraph EP17).

• EP32.4 Apprentices who are prisoners (see paragraphs EP71 to EP72).

EP33

In relation to these alternative English apprentices, except for the requirement to have evidence of employment and an apprenticeship agreement, you must comply with all of the other rules set out in this document.

Apprentice wages

New for 1 August 2022:

• EP34.1 - Clarification: Change from ‘start of the apprenticeship programme’ to ‘apprenticeship start date’, to keep the naming of dates in the funding rules consistent. We have also clarified that an apprentice over 19 who has completed the first year of their apprenticeship is entitled to at least the correct national minimum wage for their age. Updated for version 1.

• EP34.2 - New rule: Where the individual permanently withdraws from the apprenticeship, and they are no longer an apprentice, they must be paid at least the national minimum wage rate for their age; this must not be the apprentice rate. This does not apply to those on a break in learning. Updated for version 1.

EP34

Every apprentice must be paid a lawful wage for the time they are in work and in off-the-job training. You are responsible for meeting the cost of the apprentice’s wage, complying with the law in this area and for keeping the evidence of this.

• EP34.1 Where you are using the apprentice rate of the national minimum wage you must only do so from the apprenticeship start date (see paragraphEP30) and not before. Apprentices over 19 who have completed the first year of their apprenticeship are entitled to at least the correct national minimum wage for their age.

• EP34.2 Where the individual permanently withdraws from the apprenticeship, and they are no longer an apprentice, they must be paid at least the national minimum wage rate for their age; this must not be the apprentice rate. This does not apply to those on a break in learning.

• EP34.3 You can find information on the national minimum wage, the apprenticeship rate and the definition of an employee on GOV.UK or you can contact the ACAS helpline on 0300 123 1100

Minimum duration and employment hours

New for 1 August 2022:

• EP35.2 - Clarification: To clarify that active learning means off-the-job training and / or English and maths. To support the monthly payment, some active learning must take place every 4 weeks (or a break in learning must be used to stop the funding).

Minimum duration of the practical period

EP35

An apprenticeship must provide for a practical period of work and training that lasts for a minimum duration of 12 months. This is after the content, duration and price has been adjusted to recognise prior learning (see paragraphs EP25 to EP26). For example, to satisfy this requirement, an apprentice who starts their training on 1 August 2022 must still be receiving training on 31 July 2023.

• EP35.1 The apprenticeship standard specification or assessment plan may require this practical period of training to be longer, to support the delivery of the full apprenticeship content.

• EP35.2 The apprentice must be involved in active learning (off-the-job training and / or English and maths) throughout the apprenticeship, from the learning start date to the learning actual end date (i.e. the practical period). Some active learning must take place at least every 4 weeks (or a break in learning must be used).

  • EP35.2.1 Where the apprentice takes a break in learning and then returns, to the same apprenticeship, the apprenticeship agreement must be revised, to account for the duration of the break. It must be clear that there have been multiple episodes of learning. The overall duration of the apprenticeship and the required volume of off-the-job training can remain the same (as though there had been no break in learning).

• EP35.3 The end-point assessment can only be taken after the minimum duration has been met. You must confirm this as part of the gateway checks.

• EP35.4 The minimum duration of each apprenticeship is based on the apprentice working at least 30 hours a week, including any off-the-job training they undertake.

  • EP35.4.1 Working fewer than 30 hours a week (see paragraph EP36) or being on a zero-hours contract (see paragraph EP37) must not be a barrier to successfully completing an apprenticeship.

  • EP35.4.2 We will monitor working hours data and patterns of behaviour to ensure that sufficient off-the-job activity is undertaken to ensure successful completion of the apprenticeship, regardless of the number of hours worked.

Part-time employment hours (<30 hours per week)

EP36

If, at the beginning of the programme, the apprentice works fewer than 30 hours a week you must extend the expected duration of the apprenticeship on the ILR (pro rata) to take account of this. You must also extend the dates on the apprenticeship agreement and training plan.

• EP36.1 Where a part-time working pattern is applicable, you must agree with the apprentice the extended apprenticeship duration. You must extend the minimum duration using one of the following formulas:

  • EP36.1.1 12 x 30 / average weekly hours = new minimum duration in months; or

  • EP36.1.2 52 x 30 / average weekly hours = new minimum duration in weeks.

• *EP36.28 The apprentice must work enough hours each week so that they can undertake sufficient regular training and any on-the-job activity (if required). This is to ensure the apprentice is likely to successfully complete their apprenticeship. You must keep evidence of the agreed average weekly hours, including time spent on off-the-job training in the evidence pack.

• EP36.3 You must allow the apprentice to complete the off-the-job training within their normal working hours, in addition to any English and maths training they require. You must evidence this in the evidence pack.

• EP36.4 Where there is a change of circumstance to the working hours of the apprentice during the programme, please see paragraphs EP284 to EP287.

Zero hours contracts

EP37

Zero-hours contracts are acceptable only where all of the other funding rules can be met.

• EP37.1 For an apprentice with a zero-hour contract you must extend the duration of the apprenticeship in proportion to the hours they work.

• EP37.2 You must allow the apprentice to complete the off-the-job training within their normal working hours, in addition to any English and maths training they require. You must evidence this in the evidence pack.

Episodes of learning below the minimum duration requirement

EP38

The only circumstances in which an episode of apprenticeship learning can fall below the minimum duration requirement are where an apprentice:

• EP38.1 Is made redundant with more than six, but less than 12 months remaining before their final day. In these cases, they may seek a further apprenticeship agreement which takes their prior apprenticeship experience into account. This further agreement may provide for a duration of less than 12 months;

• EP38.2 Transfers onto a newer version of the same apprenticeship standard (where the ST standard code remains the same);

• EP38.3 Transfers between main providers but remains on the same apprenticeship standard; or

• EP38.4 Returns to the same apprenticeship after a break in learning or withdrawal.

EP39

For the circumstances described in paragraph EP38 above, you must have evidence that the total amount of time spent on the apprenticeship, which may include more than one episode of learning, meets the minimum duration requirement.

Off-the-job training

New for 1 August 2022:

• EP41.2 - 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.

• EP41.3 - Clarification: We have deleted the word ‘assessments’. New for version 1.

• EP42.1- Clarification: That time spent on initial assessment and onboarding activities do not count towards off-the-job training.

• EP43 to EP44 - 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.

• EP45 - 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.

• EP47 - Clarification: For apprentices with term time only contracts (e.g. such as those in the teaching profession), we have clarified how off-the-job training is calculated.

• EP47.2.1 - 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.

• EP49 - 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.

• EP50.1 - Clarification: We’ve 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).

• EP52 - Clarification: We have clarified how ‘active learning’ and ‘front-loading’ can work together. Updated for version 1.

• EP52.3.1 - 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.

• EP53 - 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.

• EP53.1.1 - 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.

What is off-the-job training?

EP40

Off-the-job training is a statutory requirement for an English apprenticeship.

• EP40.1 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.

• EP40.2 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.

• EP40.3 Further information about off-the-job training can be found on GOV.UK.

What can be included?

EP41

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

• EP41.1 The teaching of theory (e.g. lectures, role playing, simulation exercises, online learning and manufacturer training);

• EP41.2 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

• EP41.3 Learning support and time spent writing assignments.

What must not be included?

EP42

Off-the-job training must not include:

• EP42.1 Time spent on the initial assessment and on onboarding activities (see glossary for definitions);

• EP42.2 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;

• EP42.3 Training to acquire knowledge, skills and behaviours that are not required by the apprenticeship standard;

• EP42.4 Progress reviews or on-programme assessments; or

• EP42.5 Training which takes place outside the apprentice’s normal working hours, unless the apprentice has been paid for these hours or been given time off in lieu (see paragraph EP50.1).

Calculating off-the-job training

EP43

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.

• EP43.1 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.

• EP43.2 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.

• EP43.3 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).

  • *EP43.3.18 This provides, as a minimum, 278 hours of off-the-job training (46.4 weeks x 6 hours).

  • EP43.3.2 This formula must be adapted for longer duration apprenticeships (the example given above is for a 12 month apprenticeship standard).

EP44

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 EP36).

• EP44.1 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.

• EP44.2 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).

• EP44.3 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.

  • EP44.3.1 For example, for a part-time apprentice working 15 hours per week, who is following a typical 12 month apprenticeship standard: the planned duration would be extended to 24 months and the minimum requirement would therefore be an average of 3 hours of off-the-job training per week (over the new and extended planned duration).

  • EP44.3.2 This formula must be adapted for longer duration apprenticeships.

EP45

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

• EP45.1 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.

• EP45.2 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.

EP46

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 EP50 to EP52).

• EP46.1 The practical period begins on the learning start date and ends on the learning actual end date (this date is also known as the final day or the gateway). Off-the-job training must not take place beyond this date (i.e. gateway), in the end-point assessment period of an apprenticeship.

Apprentices with term-time only contracts

EP47

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.

• *EP47.1 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.

• EP47.2 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. EP47.2.1 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.

Documenting off-the-job training

EP48

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).

EP49

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.

Delivering off-the-job training

EP50

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.

• EP50.1 If off-the-job training must, by exception, take place outside of the apprentice’s normal working hours (e.g. in an evening or at a weekend, for an apprentice that normally works Monday to Friday 9am until 5pm), the apprentice must agree to this arrangement and you must compensate them for this time (e.g. through time off in lieu or by paying them for this time). The majority of the programme must not be delivered in this way.

EP51

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

• EP51.1 Include training that is delivered at the apprentice’s normal place of work (but away from their productive job role);

• EP51.2 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

• EP51.3 Include interactive online learning (virtual classrooms) or self-directed distance learning. The entire apprenticeship must not be fully delivered by self-directed distance learning.

EP52

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).

• EP52.1 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 EP248 to EP250.). (See paragraph EP47.2.1 for an exception for those on a term-time only contract).

  • EP52.1.1 You and the apprentice must revise the date in the apprenticeship agreement on which the apprenticeship was expected to have been completed to account for the duration of the break.

• EP52.2 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.

  • EP52.2.1 Active learning does not need to be face to face delivery by a 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.

  • EP52.2.2 The activity must meet the definition of off-the-job training or be English and maths training.

• EP52.3 If planned off-the-job training is unable to take place as scheduled, you 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.

  • EP52.3.1 Where catch-up training is delivered over a shorter period than originally anticipated in the training plan, for example by one-to-one delivery, you must ensure you still meet the minimum requirements of the off-the-job training policy.

• EP52.4 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 EP259 to EP267 for further information).

Evidencing off-the-job training

EP53

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

• EP53.1 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).

  • EP53.1.1 A template evidence form is available on GOV.UK. It is not mandatory to use this template.

Planned hours agreed at the beginning of the programme versus actual hours delivered

EP54

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 apprentice at the beginning of the programme), you must produce a statement to summarise the following information:

• EP54.1 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 EP43 to EP44) but may have been more than this minimum requirement.

• EP54.2 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).

• EP54.3 The volume difference between these two figures.

• EP54.4 The reason for this difference (e.g. further prior learning may have been identified part way through the apprenticeship, therefore requiring less training overall).

• EP54.5 Confirmation that the actual off-the-job training hours delivered met the minimum policy requirement over the apprentice’s actual time on programme.

• EP54.6 Confirmation that the apprenticeship met the minimum duration.

EP55

You and the apprentice must countersign this statement if you both 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.

• EP55.1 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 EP56.6).

• EP55.2 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.

• EP55.3 Where a signed summary statement is required and this is not available in the evidence pack, funds may be at risk of recovery.

• EP55.4 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.

Flow chart: Where actual off-the-job training is less than the original plan

The training plan between the apprentice and the employer-provider

New for 1 August 2022:

• EP56 to EP58 - Restructure: We have changed the name of the commitment statement to training plan throughout this section (and the funding rules document).

• EP56.2 - New rule: The training plan must not include any content that has been identified and agreed with the employer, as relevant prior learning.

• EP56.3 and EP57.6.3 - New rules: The training plan must be agreed before any training is delivered. We accept that for longer programmes (i.e. 12 months +) these details may not yet be finalised and the plan may initially only detail the first year; in these circumstances the training plan should be updated as the information becomes available. Updated for version 1.

• EP56.4 - Clarification: That funding can only be claimed from the date on which evidence of learning activity can be provided.

• EP57.2.1 - Clarification: The training plan must be updated to include the end-point assessment organisation no later than 6 months before the learning planned end date (rule replicated from the EPA section).

• EP57.5 to EP57.6 - New rules: We require that the training plan documents when and how components of the programme will be delivered and that where apprenticeship funding is being accessed, this party must be on the Register of Apprenticeship Training Providers (unless the exemption at EP160.3 applies). Updated for version 1.

• EP58 - New rule: That funds will be at risk if you are not able to show, upon request, an up to date training plan and current progress towards this training plan.

EP56

You and the apprentice must contribute to, agree and sign a copy of the training plan(previously called a commitment statement).

• EP56.1 This must set out the training (including the volume of off-the-job training hours) that will be delivered in the practical period and document how all parties (you (as both the employer and as the provider) and the apprentice) will support the achievement of the apprenticeship.

• EP56.2 The training plan must not include any content that has been identified and agreed as relevant prior learning (see paragraph EP25).

• EP56.3 The training plan must be agreed before any training is delivered (see paragraph EP57.6.3).

• EP56.4 Funding can only be claimed from the date on which learning activity that is directly related to the apprenticeship and documented in the training plan begins and can be evidenced.

• EP56.5 The training plan and apprenticeship agreement must be separate documents (each document has different signature requirements and the training plan is likely to be updated more frequently).

• EP56.6 The training plan must be kept up to date with any material changes (e.g. as a result of a change of circumstance or any changes that are agreed at a progress review).

• EP56.7 All parties must keep a current signed and dated version of the training plan. You must keep your version (and previous versions) in the evidence pack.

  • EP56.7.1 A template training plan is available on GOV.UK. It is not mandatory to use this template. Where you use an alternative, it must comply with EP57 below.

EP57

The training plan must set out:

• EP57.1 The name of the apprentice, their job role and their normal working hours. By normal working hours we mean their paid hours excluding overtime.

• EP57.2 Details of all relevant parties (your details (and any subcontractors involved in the delivery of training) and the end-point assessment organisation).

  • EP57.2.1 We recognise that the end-point assessment organisation may not be known at the start of the apprenticeship. The training plan must be updated to include these details as soon as they have been confirmed. This should be no later than 6 months before the learning planned end date (see paragraph EP138).

• EP57.3 Details of the apprenticeship, including the name of the apprenticeship standard, the level, the start and end-dates for both the apprenticeship and the practical period of training (see paragraph EP30).

  • EP57.3.1 The practical period start date set out in the training plan must align with the practical period start date in the apprenticeship agreement and the learning start date in the ILR.

• EP57.4 The volume of off-the-job training hours that will be delivered. This must at least meet the minimum policy requirement (see paragraphs EP41 toEP44).

  • EP57.4.1 The results of the individual’s initial assessment, including recognition of prior learning, must be taken into account before developing the training plan.

• EP57.5 For the full programme, a brief description (2-3 sentences) to describe the delivery model (i.e. frequency and mode of delivery). Frequency may include regular delivery through day release or block release (including front loaded training). The mode of delivery may include 1:1 instruction, cohort attendance at the training provider, virtual classrooms or self-directed distance learning.

• EP57.6 The planned content / units of delivery.

  • EP57.6.1 For standards without a mandatory qualification this must be a description of the activities that the apprentice will undertake to develop occupational competency.

  • EP57.6.2 For standards with a mandatory qualification this must be, as a minimum, a list of the units, along with a description of any additional activities that the apprentice will undertake to develop occupational competency.

  • EP57.6.3 Details of when content will be delivered. We accept that for longer programmes (i.e. 12 months +) these details may not yet be finalised and the plan may initially only detail the first year; in these circumstances the training plan should be updated as the information becomes available. This equally applies where an apprentice may have optional aspects available to them at a later point in the apprenticeship.

  • EP57.6.4 Details of the party responsible for each component’s delivery; this may include the employer-provider or a sub-contractor. Where this party is accessing apprenticeship funding for the delivery, they must be on the Register of Apprenticeship Training Providers (unless the exemption at paragraph EP160.3 applies).

  • EP57.6.5 It must be clear if the component has been used towards the off-the-job training calculation.

• EP57.7 An agreement of what is required from and offered by the apprentice and you as the employer-provider (and any delivery subcontractors) to achieve the apprenticeship (i.e. roles and responsibilities) and details of how all parties will work together. This must include the contact details of each party.

• EP57.8 Written confirmation that you will allow the apprentice to undertake off-the-job training within their normal working hours, in addition to English and maths training if required.

• EP57.9 Summary details of progress reviews (involving you as the employer-provider and the apprentice), including the frequency and format, to discuss progress to date against the training plan and the immediate next steps required (see paragraphs EP59 to EP60).

• EP57.10 The process for resolving any queries or complaints regarding the apprenticeship, including quality. This must include details of the escalation route within your organisation and the escalation process to Apprenticeship Service Support on 08000 150 600 or helpdesk@manage-apprenticeships.service.gov.uk.

EP58

Funds will be at risk if you are not able to show, upon request, an up to date training plan (that meets the minimum requirements) and evidence to demonstrate current progress towards this plan.

Progress reviews

New for 1 August 2022:

• EP59 to EP60 - New rules: We have added a progress review section and documented the minimum requirements of this activity. Updated for version 1.

EP59

A progress review, to discuss the progress to date of the apprentice against their training plan, must be carried out at least every 12 weeks. This should be a discussion involving the employer-provider and the apprentice, so that there is a shared understanding of progress against the full apprenticeship.

• EP59.1 This is different to the required monthly check associated with learning support funding (see paragraph EP83.1).

EP60

The minimum requirement of the progress review is that it will:

• EP60.1 Check progress against any actions agreed at the previous review, including any training that has been delivered since the last review;

• **EP60.2 ** Allow for any off-the-job training evidence, particularly that which is outside of your control, to be discussed, agreed, collected, or documented;

• EP60.3 Check overall progress of the apprentice against their agreed training plan, documenting any slippage against the volume of planned off-the-job training;

• EP60.4 Provide for an opportunity to update the training plan (e.g. where it is necessary to replan any off-the-job training that was missed or not delivered);

• EP60.5 Discuss any concerns that you or the apprentice have;

• EP60.6 Discuss any new information / potential changes of circumstance that might impact on the training plan. This could include any additional training required, or any prior learning or learning support needs that have come to light since the original initial assessment and / or the last progress review. Changes to the training plan may require the price to be renegotiated; and

• EP60.7 Agree and document actions for the next review. The record of the progress review must be signed and dated by all parties (apprentice, employer-provider).