Updated: Rules and paragraph numbers updated to reflect version 2 of the rules following feedback and requests for clarification from the sector.
Community learning
Community Learning helps people of different ages and backgrounds gain a new skill, reconnect with learning, pursue an interest, prepare for progression to formal courses or learn how to support their children better.
Community Learning supports wider government policies on localism, social justice, stronger families, digital inclusion and social mobility.
We will continue to offer a contribution to the overall cost of delivering Community Learning and you are expected to add value to this public contribution by attracting extra income, cutting costs and reinvesting to widen the offer to disadvantaged people.
All Community Learning providers must develop their plans in line with the Community Learning objectives (see link in paragraph 411 below).
Meeting Community Learning objectives
[411.] You must have in place a strategy that can demonstrate how, in your geographical area, you have identified and will deliver a relevant balance of the Community Learning objectives set out in ‘New Challenges, New Chances’.
[412.] Your strategy must:
[412.1.] provide evidence of how you will work with, and consult, communities, local authorities, local enterprise partnerships and other relevant local stakeholders in order to meet your objectives
[412.2.] have clear outcomes and measures capable of being evaluated by your community and local stakeholders
[412.3.] have a detailed financial strategy that enables you to add value to your Community Learning allocation
[413.] You must make sure that all adult learners funded through our financial contribution meet the criteria set out in ‘Eligibility for funding’.
[414.] Learners under 19 can be supported by Community Learning funding only if they are a parent on a family learning programme.
Assessment
[415.] You must ensure that, where appropriate, learners have access to initial assessment tools or processes, and have signposting to:
[415.1.] appropriate provision, if their assessment reveals an English, maths or ESOL need, or
[415.2.] accreditation for those who want it
Provision
[416.] The majority of Community Learning aims will be non-regulated. However, we recognise that for some people, having access to regulated provision (within a wider Community Learning offer) is important to help them gain skills. If you want to deliver regulated provision through the Community Learning budget you must:
[416.1.] make sure it is part of your agreed Community Learning strategy
[416.2.] only use this flexibility to fund provision that you could not deliver through the adult skills budget
[417.] From academic year 2015 to 2016, providers who have both a Community Learning and adult skills budget allocation will be able to deliver regulated Family, English, maths and language (FEML) courses from either the Community Learning or adult skills budget. You must record regulated FEML courses in accordance with the requirements in the ILR Specification for 2015 to 2016.
[418.] During 2015 to 2016, we will continue to monitor enrolments on Community Learning for regulated provision, including English, maths, and ESOL learning aims. This is to make sure there is no significant increase in the volume of activity (or displacement of adult skills budget funds) compared with delivery in 2014 to 2015.
[419.] You must not use your Community Learning allocation to fund provision that is eligible to be funded through a 24+ Advanced Learning Loan.
Data and claim returns
Activity is reported through the ILR against the four programme elements so that we can monitor and report on take-up and delivery. The four programme elements are:
Personal and Community Development Learning (PCDL)
Neighbourhood Learning in Deprived Communities (NLDC)
Wider Family Learning (WFL)
Family English, Maths and Language (FEML)
[420.] You must return:
[420.1.] accurate ILR data against the four programme elements
[420.2.] accurate ILR data, in line with the ILR return timetable
[421.] If you receive Community Learning funding, you must fill in and return a funding claim form.
[422.] You must collect information for child learners using the Supplementary Learner Record A, and email the form to familyprogrammes@sfa.bis.gov.uk.
[423.] If you cannot return Neighbourhood Learning in Deprived Communities (NLDC) information through the ILR; you must email the NLDC form to nldc.returns@sfa.bis.gov.uk.
Evidence required
Learning Agreement (see paragraphs 132 to 139).
Paragraph 413 – proof of age and evidence that the learner meets residency criteria.
Paragraph 421 – A filled-in Funding Claim for Community Learning for 2014 to 2015.
Paragraph 422 – A filled-in Supplementary Learner Record A, giving the number of the child learners involved in family learning programmes in 2014 to 2015.
Paragraph 423 – A filled-in NLDC form (if you are not returning this in the ILR).
Offenders’ Learning and Skills Service (OLASS)
OLASS funds adults (aged 18 and over) in custody in England, including offenders on remand. This includes:
a mandatory initial assessment of functional English and maths (for all offenders on reception to custody)
developing skills and routes to employment, especially in the 12 months before offenders are released
working across a group of prisons, with lead governors co-ordinating activity
working with lead governors to plan, monitor, review and assess the curriculum, with the OLASS provider, to meet local needs, and considering the offender’s needs and the job market offenders are released into
OLASS funding follows the same principles, rules and evidence requirements for provision funded though the adult skills budget unless otherwise specified in this section.
Eligibility for funding
[424.] Learner eligibility rules and financial contributions for the adult skills budget do not apply to OLASS funding. If you deliver OLASS-funded programmes in adult prisons in England, you must treat all offenders as individuals eligible for our funding in line with the financial contributions stated below.
[425.] The following individuals are not funded through OLASS but may be funded through the adult skills budget where they meet the necessary eligibility criteria.
[425.1.] Individuals serving community sentences.
[425.2.] Individuals released on temporary licence (RoTL).
[425.3.] Individuals under supervision in the community. Or
[425.4.] Individuals held in Immigration Removal Centres.
[426.] Learners aged 18 to 23 at the start of learning are eligible for full funding through the OLASS programme for all learning aims up to and including level 3, including awards and units, where they are approved for funding.
[427.] Learners aged 24 or over are eligible for full funding through the OLASS programme for all learning aims up to and including level 2, including awards and units, where they are approved for funding.
[428.] Offenders in prison who are aged 24 or over at the start of learning and studying at levels 3 and 4 will not be eligible for funding through OLASS, but may be eligible to apply for a 24+ Advanced Learning Loan (Loan) for certain types of provision.
[429.] You can find details of Loans for offenders in prison in the 24+ Advanced Learning Loans section of this document.
[430.] In exceptional circumstances, some individuals may be below the age of 18 when they enter an adult prison. If this is the case, you must discuss the particular circumstances with our Central Delivery Service to determine funding eligibility.
Core curriculum
Lead governors, OLASS providers and other partner organisations will match the learning and skills offer for learners in custody with the local, regional or national employment priorities for the areas each cluster (group) of prisons releases offenders to.
Partner organisations may include:
Jobcentre Plus
Work Programme providers
offender managers
Community Rehabilitation Companies (CRCs/National Probation Service)
[431.] By 30 September 2015 you must provide a delivery plan for each prison that describes how you will deliver the core curriculum commissioned by the governor/lead governor.
[432.] The core curriculum must include:
[432.1.] mandatory initial assessment of English and maths
[432.2.] English and maths and ESOL provision
[432.3.] vocational qualifications, including Information and Communications Technology (ICT)
[432.4.] employability skills (these may include a wide range of team- working, personal, social and other skills)
[433.] You must provide support for learners who are undertaking higher education or other separately funded distance learning.
English, maths and ESOL
English, maths and ESOL provision forms part of the core curriculum and is likely to be required in every prison. The expectation is that this will be delivered through intensive learning including online learning.
All new entrants to prison are screened using the National Offender Management Service (NOMS) Basic Custody Screening Tool (BCST), and where the outcome from the BCST indicates the individual is not operating at level 2 or above for English and maths NOMS will refer the individual to OLASS providers for mandatory initial assessment of English and maths.
[434.] We will fund mandatory assessments of English and maths. Where no valid assessment is present then you will be funded to carry out both English and maths assessment. Where only English or maths is required, then only the single assessment will be funded.
[435.] You must record assessments using the appropriate learning aim reference codes in the ILR and the Learning Records System (LRS) Learner plan.
[436.] The mandatory initial assessment must report an outcome grade to determine the level at which the individual is working for English and maths. It will also identify some learners with learning difficulties and/or disabilities (LLDD), in which case you should complete the appropriate LLDD ILR field.
[437.] You must confirm on the individual learner plans if the offender has an existing recent assessment, to ensure that only those offenders who do not have an existing valid initial assessment are identified.
[438.] Any assessment carried out within the last six months will be valid. If an assessment is older than six months, the OLASS provider must consider whether the offender would benefit from a new assessment.
[439.] You must follow the English and maths rules for the adult skills budget when assessing an offender’s entitlement to be funded through OLASS.
Vocational qualifications including ICT
[440.] You must work with the governor/lead governor in each prison/cluster and with the wider partnership in order to identify and develop opportunities for learning and skills that meet local, regional or national employment priorities in these resettlement areas. These are already listed above.
[441.] When you use OLASS funding to deliver vocational training, you must use regulated qualifications or units that we have approved for funding.
[442.] The learner’s Learning Agreement should set out how their learning experience and the skills they gain will help to increase their confidence and self-esteem, contribute to further learning and make them more employable.
Employability skills
[443.] When you deliver pre-employment support, or support learners with learning difficulties or learning disabilities to live with greater independence and effectiveness, or when you support adults to re-engage with learning, you may choose whether to use a combination of regulated qualifications and units, or non-regulated provision.
[444.] There is no separate funding allocation for using non-regulated provision. The decision to use non-regulated provision must be discussed and agreed with the governor/lead governor at each prison or group of prisons.
[445.] We acknowledge that prisons with high proportions of offenders who are serving long sentences may need greater flexibility to deliver relatively higher levels of non-regulated provision to maintain the learning journey. This must be monitored by the lead governor of each group of prisons.
[446.] The funding bands you should use for non-regulated activity for 2015 to 2016 are the same as our adult skills budget funding rates for non-regulated provision.
Supporting learners studying higher education or for other separately funded distance learning
[447.] You must support learners who want to study with the Open University and other institutions that provide distance learning courses. You can find more information in Prison Service Instruction (PSI) 32/2012.
[448.] You must ensure you have staff available to provide learners with the resources and support they need for their studies including general mentoring and guidance. This includes adequate access to appropriate ICT facilities to enable the learner to take part in learning.
Supporting learners who are providing mentoring
[449.] There are roles for adult learners in custody acting as mentors, including ‘peer-to-peer’ teaching to improve outcomes. You must make sure that this activity is accredited through regulated qualifications, so that it can be used to support future employment.
Continuing learning after leaving custody
[450.] If a learner does not complete their learning aim while in custody, you must put arrangements in place to provide support after they leave prison. The learners must be fully funded through the adult skills budget.
[451.] You, the lead governor and the relevant CRC need to carefully consider a prospective learner’s sentence length, the time they are likely to need to complete a course, and their eligibility for provision funded from the adult skills budget when they leave prison.
[452.] You must make sure that learning started in custody can be supported by suitable equivalent provision in the community. Learners will use the credit they have built up in custody towards the full qualification.
Evidence required
Learning Agreement (see paragraphs 132 to 139).
Paragraph 431 – Your agreed delivery plan at prison level by September 2015
Paragraph 437 - Completion of individual learner plans.
Discretionary Learner Support (DLS)
Discretionary Learner Support (DLS) is for learners with a specific financial hardship that prevents them from taking part in learning.
[453.] Before you award a learner DLS, you must identify their needs within the following ‘categories’.
[453.1.] Hardship for those aged 19+.
[453.2.] Childcare for those aged 20+.
[453.3.] Residential for those aged 19+.
[454.] DLS is allocated to the three separate categories above, but you can transfer funding between each.
[455.] Just because a learner is eligible to receive DLS does not give them an entitlement to receive it. You must make the final decision on whether to give them DLS.
[456.] DLS is provided by the Department for Business, Innovation and Skills. As the 16 to 19 Bursary Fund is provided by the Department for Education, there must be no transfer of funds between the two funds.
Administration
[457.] You can use up to 5% of your DLS allocation towards administrative costs. You must not use your DLS allocation for bank charges.
[458.] Grant-funded providers can move funds between their DLS and Loans Bursary fund allocation without any limitation.
[459.] You must:
[459.1.] record and report on spending for each of the three schemes and your administration costs
[459.2.] have criteria for how you will administer and distribute your funds. These must reflect the principles of equality and diversity and be available to learners and to us on request
[459.3.] make sure that learners are eligible to be funded by us
[459.4.] assess and record the learner’s needs, demonstrating the need for support
[459.5.] report the appropriate Learner Support Reason (LSR) codes in the ‘Learner Funding and Monitoring’ fields in the ILR
[459.6.] complete a mid-year funding forecast in February and a final claim in October
[459.7.] take into account the availability of other support for learners, for example Jobcentre Plus or a Work Programme
[459.8.] make it clear to learners that it is their responsibility to tell the Department for Work and Pensions about any DLS support that they are receiving from you, as DLS payments may affect their eligibility to some benefits.
[460.] We will recover any unspent funds, and payment for any provision above your allocation will be at our discretion. Under-delivery may affect your future DLS allocation.
[461.] You must not use DLS as a means of support if any of the clauses in 460.1 to 460.6 apply.
[461.1.] For essential equipment or facilities required by the learner if the learner is fully funded by us, as these things are already included in the funding rate. However, fully-funded learners can get DLS and hardship funding for childcare, transport and residential costs.
[461.2.] If the learner is eligible but it is more appropriate for them to receive support through Learning Support for the same purpose.
[461.3.] If the learner is already receiving help with travel or childcare costs from Jobcentre Plus or a Work Programme provider in connection with pre-employment training.
[461.4.] If the learner is in prison or a young offender institution, or has been released on temporary licence (RoTL), for example, on day release.
[461.5.] If the learner is carrying out Community Learning, a higher education course, or provision with learning aims that are identified as fully funded from other sources.
[461.6.] If the learner is receiving an income and does not have a financial need.
[462.] Learners taking part in access to higher education courses will be able to apply for DLS funding as long as the learning aims are funded through the adult skills budget.
[463.] You may attach attendance criteria to learner payments, but you must not use the funding to pay weekly attendance allowances or achievement and attendance bonuses.
Hardship
Hardship funding is provided to support vulnerable and disadvantaged learners and to remove barriers to education or training.
You can support learners based on their needs and local circumstances. Types of support include the following.
[464.1.] Course-related costs, including course trips, books and equipment (where these costs are not included in the funding rate), support with domestic emergencies and emergency accommodation.
[464.2.] Transport costs (you must not use the fund to make a block contribution to post-16 transport partnerships or routinely fund transport costs that are covered in the local authority’s legal duty for learners of sixth-form age).
[464.3.] Examination fees.
[464.4.] Accreditation fees, professional membership fees and any fees or charges due to external bodies.
[464.5.] Your registration fees.
[464.6.] Support provided by others, or by providing items or services or cash direct to the learner. This can be in the form of a grant or repayable loan.
[465.] If an asylum seeker is eligible for provision you may provide learner support in the form of course-related books, equipment or a travel pass. You must not give a learner who is an asylum seeker support in the form of cash.
20+ Childcare
20+ Childcare funding is provided to support learners aged 20 or older on the first day of learning who are at risk of not starting learning, or not continuing learning, as a result of difficulty getting childcare.
[466.] You can only use childcare funding to pay for childcare with a childminder, provider or childminder agency who is registered with Ofsted.
[467.] You must not use childcare funding:
[467.1.] to fund informal childcare, such as that provided by a relative
[467.2.] to set up childcare places or to make a financial contribution to the costs of a crèche
[467.3.] for learners aged under 20 on the first day of learning; instead you must direct them to the EFA ‘Care to Learn’ programme. DLS must not be used to top up childcare payments for those receiving ’care to learn’
Residential
We provide residential funding to support learners receiving specialist provision which involves a residential element, or to support learners who cannot receive provision locally. The fund can help learners live in private accommodation or in accommodation you own or manage.
[468.] You must:
[468.1.] set out the criteria and procedures for considering and agreeing applications for support from your Residential Access funds
[468.2.] make payments to, and on behalf of, learners (the most you can pay in each funding year is £4,079 within London and £3,458 outside London)
[468.3.] give priority to learners who need accommodation and only pay for travel costs in exceptional circumstances
Learner Support in apprenticeships
If there is genuine hardship which could be an obstacle to the learner during their apprenticeship, you can claim Learner Support to help them. You should use the general principles of Discretionary Learner Support but the following rules relate specifically to apprentices.
[469.] We expect employers to support apprentices with most additional expenses. However, there may be times when you need to support an apprentice in genuine need (for example, in the case of redundancy).
[470.] Our Central Delivery Service can tell you the types of support you can offer apprentices.
[471.] If you do not have a DLS allocation, you must claim for this support from your adult skills budget through the Earnings Adjustment Statement.
[472.] You must claim all learner support costs during the funding year in which they arise. We will not pay you for claims from a previous funding year if you do not claim on time.
Learner Support for 19- to 24-year-old learners on traineeships, where you do not have a DLS allocation
[473.] If you do not have a DLS allocation, you can claim Learner Support for 19- to 24-year-old learners on traineeships out of the adult skills budget through the Earnings Adjustment Statement (EAS).
[474.] You must apply the principles of Discretionary Learner Support, including taking account of the availability of other financial support for learners (see paragraph 459.7).
[475.] If you have a DLS allocation, you must not claim Learner Support for 19- to 24-year-old learners on traineeships through the Earnings Adjustment Statement. You should refer to the general rules on DLS in paragraphs 453 to 463.
[476.] Reasonable expenses can be met in full if the expenses are necessary to overcome barriers to learning activity. You can use Learner Support funding claimed from the adult skills budget for learners on a traineeship to support the work placement element, as well as the other elements, but you must claim all costs during the funding year in which they are spent.
[477.] Learner Support for traineeships will be funded from your existing adult skills budget allocation and should be managed within the existing adult skills budget.
[478.] The use of Learner Support for traineeships will not be considered a justifiable case in its own right for increasing your adult skills budget allocation. We will monitor the level of learner support you claim in relation to the size of your 19 to 24 traineeship programme and your overall adult skills budget allocation.
[479.] You must get advice from us if you are in any doubt about whether you can claim for certain types of expenses. For example, we will not pay for the costs of learners’ meals.
Evidence required
Learning Agreement (see paragraphs 132 to 139).
24+ Advanced Learning Loans
[480.] Since 2013 to 2014, for learners aged 24 or over when they start their learning, our funding for provision at levels 3 and 4 has ended and been replaced with Loans. This does not apply to:
[480.1.] advanced-level or higher apprenticeships
[480.2.] trade union representatives studying Trade Union Congress learning aims at levels 3 and 4 or
[480.3.] ex-military personnel. We will fund ex-military personnel for their first full level-3 qualification. (You can find the full definition of ex-military personnel in paragraph 196.7).
[481.] You can only deliver provision funded by Loans if we have given you a Loans facility.
[482.] If you subcontract the delivery of provision funded through a Loan you remain responsible to the learner for the delivery of that provision and will be liable to make any repayment of fees in the event that the subcontractor fails to deliver the provision as agreed with the learner. All of a subcontractor’s learners are ultimately the responsibility of the lead provider.
[483.] If you choose to subcontract the delivery of Loans provision, please refer to paragraphs 14 to 63.
Qualifications funded through Loans
[484.] The Chief Executive has designated the following types of provision eligible to be funded with Loans.
[484.1.] Full A-levels (up to a maximum of four) (see paragraph 491).
[484.2.] Quality Assurance Agency (QAA) Access to Higher Education Diplomas.
[484.3.] Certificates at levels 3 and 4.
[484.4.] Diplomas at levels 3 and 4.
[484.5.] Technical (tech) levels.
[484.6.] Early Years Educator learning aims at level 3.
[485.] Loans cannot be used to fund units of qualifications or awards at level 3 and above, or learning delivered through the innovation code.
[486.] As learners will usually (see paragraph 540) apply for Loans before their proposed start dates, the situation may arise where a learning aim becomes unavailable for public funding before a learner starts their learning. Usually, there will be alternative learning aims available.
[487.] If a new learning aim is the same type and level as the original aim (for example, a change from one level 3 certificate to another level 3 certificate) you must tell the Student Loans Company (SLC) through the learning provider portal (see paragraph 525).
[488.] If no similar provision exists you must discuss alternative options, including funding options, with the learner.
Number of Loans
[489.] Learners are entitled to up to four Loans, for four learning aims, where each Loan is for a different category of provision as listed in paragraph 484. For the purposes of Loan entitlement, tech levels and Early Years Educator learning aims will be treated as level-3 certificates or diplomas, according to the size of the qualification.
[490.] Learners will take out a Loan for a single learning aim.
[491.] In the case of AS and A-levels, a learner can make Loan applications to undertake up to four full A-levels. A full A-level can be studied by a learner enrolling on an A-level learning aim or enrolling on an AS learning aim and then progressing to an A-level learning aim.
[491.1.] Where a learner intends to study towards and take only an A-level exam a learner can apply for up to four Loans for four A-level learning aims. These applications can be made one at a time or one after the other.
[491.2.] Where a learner intends to study towards an AS-level exam, not followed by an A-level, a learner can apply for up to four Loans for four AS learning aims.
[491.3.] Where a learner undertakes up to four AS-level learning aims and then decides to progress to up to four full A-levels, a learner can apply for up to four Loans for the four AS-levels and up to four Loans for the corresponding A-levels. In this scenario providers must reduce the fee charged to the learner for the A-levels(s) to take account of the prior study of AS-levels.
[491.4.] If a learner enrols on a combination of A-level and AS learning aims, they will be able to apply for Loans to undertake up to four full A-levels, subject to the overall limits for each learning aim type, outlined above.
[492.] You can access further information, including illustrative examples in our guidance for recording A and AS levels on the ILR for 2015 to 2016.
[493.] A learner can still apply for three more Loans for learning aims that are not AS learning aims or A-levels, as long as the provision is taken at different times, as set out within paragraph 497.
[494.] The ability to get up to four Loans allows for progression. However, a learner does not have to progress.
[495.] A learner cannot get a Loan for a learning aim when they have previously completed that type of learning aim, at the same level, through funding from a Loan (except in the case of A-levels see paragraph 491).
[496.] The only exception to the rule in paragraph 495 is where a learner progresses from a Subsidiary Diploma through to an Extended Diploma at the same level. In this situation, the progression is considered as a single Loan, and the Loan amount is amended through the Change of Circumstance process (see paragraphs 521 to 525).
[496.1.] This change must be reported while the learner is still in learning and
[496.2.] you must produce another learning and funding information letter (see paragraph 511 for more information)
[497.] If at any one time, a learner is taking more than one learning aim which is eligible for a Loan, the learner is eligible for only one Loan. The learner would need to get other funding for the other learning aim which is eligible for a Loan. The only exception to this is a programme of four A-levels (see paragraph 491 above).
[498.] A learner may pay for their other learning aims, or if the learning aims are up to level 2, they may be eligible for funding from us in line with our funding rules 2015 to 2016.
[499.] Every learner who has previously withdrawn from a learning aim will be given one more chance to access a repeat Loan, taking the potential maximum number of Loans up to five. This repeat Loan can only be for the same learning aim or the same type of learning aim at the same level that the learner previously withdrew from.
Deciding whether learners are eligible for a Loan
[500.] Loans will be non-means-tested and will be available to eligible learners aged 24 and over when they start their learning; studying in England for learning aims we approve at a provider we approve in England. The SLC will be responsible for assessing whether a learner is eligible (see paragraph 156). This means that the assessment of eligibility will not be required in the Learning Agreement.
[501.] In terms of eligibility, offenders must also:
[501.1.] have the right to stay in the UK after completing their sentence
[501.2.] not be subject to a deportation order
[501.3.] have been sentenced and not be on remand
[501.4.] have their prison governor’s approval to study the learning aim the Loan will fund
[501.5.] be studying their learning aim with a provider in England who has a Loans facility from us and
[501.6.] be within six years of their release date
[502.] If a learner is 23 at the start of a level 3 or 4 learning aim and turns 24 during their learning, they will continue to be funded by us for the duration of the learning aim. You must make sure that learners aged 24 and over are not given the opportunity to apply for a Loan to meet the fees associated with continuing any co-funded learning aims.
Loan amounts and financial contributions
[503.] You must make all learners funded by a Loan aware of your policy on fees and charging.
[504.] You can pass on subscription charges, made by professional bodies to become a member of that organisation, to the learner. If achieving the learning aim relies on membership, you can make them pay this as a requirement of enrolling. You can also decide to use the Loans Bursary Fund funding to pay professional fees if you choose.
[505.] If you offer optional extras as well as learning, you can ask a learner funded by a Loan to pay. For example, trips and visits not central to learning. It cannot be a condition that the learner takes up the optional extra provision to complete or achieve their learning aim.
[506.] If a learner funded by a Loan needs a Disclosure and Barring Service (DBS) check to take part in learning, you cannot charge them for this. If the learning is associated with the learner’s employment, their employer is responsible for carrying out and paying for this check.
[507.] A learner will only be eligible to receive a Loan that is either equal to, or less than:
[507.1.] the funding rate in LARS or
[507.2.] your fee, as shown in your learning and funding information letter (see paragraph 511 for further details) whichever is the lower
[508.] The minimum Loan value is £300.
[509.] We do not expect that you would need to charge more than the maximum Loan amount.
[510.] Learners can only apply for Loans to cover the tuition fee element of their provision including all costs and charges for items which a learner cannot complete their course without.
Information needed
The SLC will be responsible for deciding whether a learner is eligible for a Loan and for making Loan payments to you on behalf of learners. If you are delivering provision funded by Loans, the SLC will give you access to their learning provider portal (an interactive web-based service that will act as the main channel of communication between you and the SLC, which will be the method they use to confirm learner attendance and release Loan payments)
[511.] If the learner decides to apply for a Loan, you must give them information in the learning and funding information letter to help them make their application. This letter is vital in the application process, as otherwise the learner will not have the relevant information to fill in either the paper or online Loan application. The letter must include:
[511.1.] all of the standard text as set out in the model letter
[511.2.] the UK provider reference number (UKPRN)
[511.3.] the learning aim reference number
[511.4.] the title of the learning aim
[511.5.] the learning aim start date and planned end date
[511.6.] the fee charged to the learner and
[511.7.] the maximum amount of Loan available for the learning aim as published on LARS
[512.] There is a separate learning and funding information letter for offenders. Offenders will make Loan applications on the standard paper-based Loan application form, which you can download from the GOV.UK website. The application must be accompanied by an SLC Prisoner Application Proforma (available from the Head of Learning, Skills and Employment within the prison) or a letter from the prison governor (or their representative).
[513.] The proforma or governor’s letter must confirm information such as the offender’s release date and permission for the offender to study. If the offender does not have the required evidence of their identity (such as a passport or birth certificate), the proforma or the governor’s letter must also confirm the offender’s identity.
You will be able to see the status of the learner’s Loan application using the learning provider portal which is delivered by the SLC.
[514.] Once the learner’s Loan application has been approved and the learner has started the learning aim you must confirm the learner’s attendance to the SLC through the learning provider portal.
[515.] You can only confirm that the learner has started once the learner has been attending for at least two weeks. This is referred to as the ’initial liability point’ and will either be:
[515.1.] two weeks from the learning aim’s start date, as shown on the Loan application form or
[515.2.] two weeks after the learner started their studies, if they started at a later date than the one given on the Loan application form. (In this case you must tell SLC about the change to the start date through the learning provider portal. Please refer to SLC’s Learning Provider Portal User Guide.)
[516.] You must accurately record the learner’s unique learner number (ULN) before you can confirm their attendance.
[517.] You must fill in an ILR for Loans-funded learners, and make sure that it matches the information you have filled in on the learning provider portal. Loans are reported in the ILR as follows.
[517.1.] code 99 in the ‘Funding model’ field
[517.2.] 24+ Advanced Learning Loan indicator, code ADL1 (and Loans Bursary, if applicable) in the ‘Learning Delivery Funding and Monitoring’ field
[518.] If you subcontract the delivery of provision funded with a Loan, subcontractors must provide ILR data to reflect your subcontractors’ delivery information. You must also ensure that subcontractors’ learner attendance data, and information about learners’ changes of circumstances (see paragraphs 521 to 525), are reported accurately to the SLC through the learning provider portal.
[519.] You must confirm to the SLC if a learner does not attend. This can be either when a learner leaves their learning aim before the initial liability point, or if a learner has never attended.
[520.] Once a learner has passed the initial liability point you must return confirmation of attendance to the SLC through the learning provider portal every three months on 1 November, 1 February, 1 May and 1 August.
If the learner’s circumstances change
[521.] There will be times where a learner’s details or circumstances may change. You must tell the SLC as soon as you become aware of a change as this will reduce the risk of a learner becoming legally responsible for a Loan for a learning aim they are no longer studying. Learners also have a responsibility to keep the SLC informed of changes to their circumstances.
[522.] The following reasons may result in a learner’s details or circumstances changing from the original information supplied in their initial application.
[522.1.] A change in personal details.
[522.2.] A change in provider.
[522.3.] A change of learning aim, including where a learning aim is no longer available for public funding for new starts, as stated in paragraph 486.
[522.4.] A change of Loan amount or the fee you charge. (Please refer to paragraph 523).
[522.5.] Cancellation of an application.
[522.6.] Withdrawal from the learning aim.
[522.7.] Taking a break from learning or suspending or resuming learning.
[523.] Only a learner can make a request to the SLC to change their personal details or to request an increase in their loan amount.
[524.] If the details or fees of the learning aim change you must produce another learning and funding information letter.
[525.] If a learner changes provider during the learning aim they must tell the SLC and be marked as a withdrawal with you. The learner will then need to reapply to the SLC for a Loan to continue their studies at the new provider.
[525.1.] Detailed information and guidance on managing changes of circumstance is on the Learning Provider Services website.
[525.2.] Learners can get information and guidance from the National Careers Service website, GOV.UK and impartial money advice from the Money Advice Service before, during or after taking out a Loan.
If the learner’s circumstances change - offenders
[526.] Undertaking learning in custody is likely to lead to more frequent changes in circumstances. The OLASS provider must tell the SLC when an offender’s circumstances change (for example, if they are released from prison, transfer to another prison or change or withdraw from their learning aim).
An existing learner is sent to prison
[527.] If an individual undertaking an eligible learning aim financed through a Loan is sent to prison, they may be able to continue their studies while they are in custody. The individual will have to meet the eligibility criteria for offenders as set out above, including the prison governor’s confirmation that the learning aim is appropriate.
Changes in circumstances that affect eligibility for a Loan
[528.] When the prison governor decides that an offender’s eligibility for a Loan has changed (for example, if a further conviction makes the learning aim inappropriate), or the offender’s release date is extended beyond the maximum time period:
[528.1.] the offender must be withdrawn from their learning aim
[528.2.] the prison governor should tell the OLASS provider and
[528.3.] the provider should tell the SLC through the learning provider portal
[529.] The offender will still be liable for repaying Loan payments made before the withdrawal.
Transfers between prisons
Guidance to prison governors advises them to avoid transferring offenders in Loan-funded learning where possible. The section below describes what happens when this is not possible.
[530.] There are times when an offender will be transferred between prisons in England. If the same OLASS provider operates in both prisons, the transfer will be treated as a ‘Change to personal details’ change of circumstance. The offender must tell the SLC about the change.
[531.] If the prisons have different OLASS providers:
[531.1.] the transfer will be treated as a withdrawal from the learning aim, using the process for those with compelling personal reasons
[531.2.] the OLASS provider must tell the SLC about the withdrawal through the Learning Provider Portal
[531.3.] the offender must make a new Loan application if the OLASS provider in the prison the offender is transferred to can offer a comparable learning aim.
[531.4.] the prison governor at the receiving prison will need to confirm the offender’s eligibility for a Loan
[531.5.] the OLASS provider in the prison the offender is transferred to must take account of the offender’s prior attainment when setting the fee for the rest of the course
[531.6.] the two OLASS providers must work together to provide continuity of the offender’s learning programme
[532.] If there is no comparable course offered by the provider in the receiving prison the offender withdraws from their Loan and remains liable for Loan payments made in respect of attendance on the course at the original prison. The offender may subsequently (for example on release) be able to apply for a further Loan (under compelling personal circumstances) to complete the original course.
[533.] If an offender with a Loan transfers from an English prison to a prison in Wales, they must leave their Loans-funded learning aim, using the process for those with compelling personal reasons.
[534.] Before the transfer, the prison governor should tell the provider, who must then tell the SLC through the Learning Provider Portal. If there is a comparable learning aim available in the prison in Wales, the offender may be able to complete the remainder of the learning aim (education at levels 3 and 4 remains publicly funded in Wales).
[535.] The offender will still be liable for repaying Loan payments made to the OLASS provider in England up to the point they leave their learning aim.
[536.] If an offender who has already started a Loans-eligible learning aim transfers from a prison in Wales to an English prison, they will need to apply for a Loan if they want to continue their studies. The OLASS provider should take account of the prior learning when setting the fee for the learning aim the Loan will fund.
The period leading up to release, and release itself
[537.] An offender may be released on temporary licence to commence learning aims at level 3 or 4 with a provider with a Loans facility from us. The intention is likely to be that this learning will continue post-release.
[537.1.] The offender must still meet the additional eligibility criteria set out in paragraph 501 with the Loan application made in the same way as those from offenders in custody and accompanied by an SLC Prisoner Application Proforma or a letter from the prison governor (or their representative) to confirm the information such as the offender’s release date and their permission for the offender to study.
[538.] An offender who started a Loan-funded learning aim in custody and is released on temporary licence should be able to continue their studies with a provider with a Loans facility from us. If this involves a change of provider:
[538.1.] the offender must withdraw from their Loan-funded learning aim in custody, using the process for those with compelling personal reasons and apply for another Loan for their study with the new provider
[538.2.] the prison governor should tell the OLASS provider about the withdrawal
[538.3.] the OLASS provider must then tell the SLC through the learning provider portal and
[538.4.] the new provider should take account of the learning the offender completed in custody when setting the fee for the rest of the learning aim
[539.] An offender who started a Loan-funded learning aim towards the end of their sentence, should be able to continue their studies with an eligible provider who has a Loans facility from us on release. If this involves changing provider:
[539.1.] the offender should withdraw from the learning aim, using the process for those with compelling personal reasons, and apply for another Loan with their new provider
[539.2.] the prison governor should tell the OLASS provider about the withdrawal and the OLASS provider must tell the SLC about the withdrawal using the learning provider portal and
[539.3.] the new provider should take account of the learning the offender completed in custody when setting the fee for the rest of the learning aim
Retrospective applications and changes
[540.] A learner can apply for a Loan retrospectively (after the initial liability point but while still undertaking the learning aim). If a learner applies for a Loan retrospectively, and they have already paid fees to you, if the Loan application includes the period a fee had already been paid for, then you must refund the learner (in order to avoid double funding).
[541.] You, or the learner will be able to raise a Change of Circumstance retrospectively. This must be raised while the learner is undertaking their learning aim.
[542.] If a learner has a Loan for Access to Higher Education Diploma courses written off, payments to you will not be affected.
Reviewing provision
[543.] We will review the volume of learning funded through Loans as part of our performance-management process.
[544.] For OLASS, the review process for each unit of procurement must incorporate a review of Loans-funded learners. In particular, where offenders have to transfer between prisons other than by choice, the review must consider the effect the transfer has on the learning the Loan is funding and the offender’s liability to repay the Loan.
Evidence required
Learning Agreement (see paragraphs 132 to 139).
Paragraph 511 - A completed ‘learning and funding information letter’ for each learner.
24+ Advanced Learning Loans Bursary Fund
We provide a loans bursary fund to help vulnerable and disadvantaged learners who are being funded through a Loan, such as those with learning difficulties or disabilities, parents who need help with childcare, and ex-military personnel.
The fund is not an entitlement, and you must decide how it will be distributed.
The claiming and earnings methodology is different depending on whether you are funded through a grant or a contract, and this is detailed in the Funding Rates and Formula document.
[545.] The Loans Bursary Fund will provide funding for the following.
[545.1.] Discretionary Learner Support (DLS) type funding for hardship, childcare and residential support. You must refer to the Discretionary Learner Support funding rules (paragraphs 453 to 463) when providing learner support from your Loans Bursary Fund. Grant-funded providers can move funds between their Loans Bursary Fund and DLS allocation without any limit.
[545.2.] Learning support type activity for ‘in-learning’ support, such as support for teaching assistants or reasonable adjustments under the Equality Act 2010.
[545.3.] You must make sure that you keep sufficient funding to provide the support referred to in paragraphs 545.1 and 545.2 and follow the learning support funding rules (see paragraphs 401 to 410) when you provide learning support from your loans bursary fund.
[545.4.] Your area costs, based on information in the ILR about where the learning takes place (as reported in the ‘Delivery location postcode’ field).
[545.5.] Learning support activity for learners in custody or released on temporary licence who get a Loan from the Student Loans Company (see paragraph 545.2).
[546.] You must:
[546.1.] prioritise vulnerable groups and disadvantaged learners
[546.2.] consider the most appropriate fund to draw from where a learner is receiving funding from us as well as through a Loan
[546.3.] use your Loans Bursary Fund only for learners who have had a Loan approved by the Student Loans Company, and who have an assessed need
[547.] When you are making decisions about awarding Loans Bursary funding, you must take into account the availability of other financial support for learners. You must make it clear to learners that it is their responsibility to tell the Department for Work and Pensions about any DLS support that they are receiving from you as the DLS payment may affect their eligibility for some benefits.
[548.] You must not:
[548.1.] use Loans Bursary funding to pay learners’ fees related to learning
[548.2.] use Loans Bursary funding to cover costs and charges for items without which a learner could not complete their course, as these must be charged in the course fee
[548.3.] use the Loans Bursary Fund to support learners aged 16 to 18
[548.4.] use Loans Bursary funding to pay for learner support for learners in custody or released on temporary licence.
Evidence required
Learning Agreement (see paragraphs 132 to 139).