EFA Funding guidance for young people 2013 to 14

Student Eligibility Guidance 2013/14 – v1.01

- published within Funding regulations – Section 3

- EFA Young People' Funding Team

Funding Regulations - Section 3Relationship between fees and eligibility

Why the EFA issues student eligibility guidance

Summary of the main paragraphs in Section 3

In the final section of this presentation are some slides with

Questions and Answer examples to assist in implementing the

guidance.

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Relationship between fees and eligibilityThis presentation is intended to help institutions understand

the student eligibility guidance (SEG) and why the sector has

student eligibility rules. In particular:

• to identify who is entitled to EFA funding under the

regulations;

• confirmation that all EFA funded students should not be

charged tuition fees;

• includes the references to the EFA SEG rules that are

included within document Funding Regulations – Section 3

with the relevant student eligibility compliance evidence in

Section 6.

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Why do we have student eligibility rules ?The rules exist, so that: some students are ineligible! Why?

• Institutions can charge full cost/overseas fees to students

(only those with Home Office Tier 4 immigration status)

• Institutions are protected by the Fees and Awards

Regulations when charging students overseas fees.

• Government guarantees on “free education” are honoured

by institutions.

• Institutions ensure public funds are only being claimed for

eligible students (increasing public pressure on this issue).

• To ensure consistency with HE provision and institutions

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Residency eligibility - context

Paragraph references:

• Paragraph 20-24

• Determination of student eligibility.

• Paragraph 22

• Eligibility must be determined at start but then extended

for whole programme and remain eligible for follow on

programmes.

• Paragraph 23

• Once a student enrolled the institution expected to take

all reasonable steps to ensure the student can complete

their programme

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Student eligibility regulations

Paragraph references:

• Paragraph 25 Definition of Ordinarily resident.

• Paragraph 26 Fees and Awards Regulations (the law).

EFA eligibility concessions for following students

• Paragraph 27 Discretion for students not meeting 3 year

rule.

• Paragraph 28 Discretion for 16-18 year old students only.

• Paragraph 29 Individual students with exceptional

circumstances.

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Supplementary student eligibility guidanceParagraph references:

• Paragraph 30 Definition of EEA

• Paragraph 32

• Explanation of immigration stamp: “No Recourse to

Public Funds” and why this does not affect individual

student eligibility

• Paragraphs 52 -54

• Advice on institution normal recruitment areas – need to

agree the recruitment area with institution normal

funding body/Agency if recruiting outside expected

areas

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Student eligibility guidance

The Rules themselves

As set out in Funding regulations Section 3

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Paragraph 26

Summary of Fees and Awards Regulations (the law on

eligibility)

• Summarises “Fees and Awards Regulations”

• (a) Settled Status / Ordinarily Resident in UK for 3 years

(i – iv) UK and other EU nationals and children

• (b) Students studying under reciprocal exchange

agreements

• (c) Children of Turkish workers (any age) where lawfully

employed in UK

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Paragraph 27

Eligibility without 3 years prior residency as required by

paragraph 26

• Additional student eligibility concession from Fees and

Awards Regulations – where 3 year prior residency rule is

NOT required.

• (a) Refugees and their spouses or children or those

• with humanitarian protection (HP)

• discretionary leave (DL)

• exceptional leave to enter or remain (ELE/ELR)

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Paragraph 27 (continuation from previous slide)

Eligibility without 3 years prior residency as required by

paragraph 26

• (b) Recently settled status – any of below within the last 3

years

• those with indefinite leave to enter or remain

• right of abode

• British citizenship

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Paragraph 28

Eligibility concession for young people aged 18 or under at

start of programme

• (a) Those who are accompanying/joining parents who have

right of abode/leave to enter or children of diplomats.

• (b) Those who are dependants of teachers in UK on

teacher- exchange schemes.

• (c) Unaccompanied British (or EEA) Citizens or those

whose passports have been endorsed to show either the

right of abode in UK or to show that they have no

restrictions on working in the UK

• (d) Asylum seekers

• (e) Those who are (including unaccompanied Asylum

Seekers) placed in the care of social Services or those in

receipt of Section 4 support

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Paragraph 29

Exceptional circumstances

• Must be unique to the individual student.

• Cannot be used to fund groups of students.

• Not to be simply defined as students who would be

ineligible under paragraphs 26-28.

• Funding body approval required for each and every student

funded under this paragraph.

• This paragraph is the only one within the Funding guidance

documents where the general advice in paragraph 14 does

not apply. For these very exceptional cases, Institutions

should seek prior confirmation of the eligibility of any

individual students from the EFA

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Ineligible students for funding

Paragraph references 33-37

• Paragraph 33

• Students must only be funded once at any one time.

• Paragraph 34

• Overseas foreign students are usually ineligible for

funding as immigration status enables them to access

UK education as full cost overseas students.

• Paragraph 37

• Channel Islands and Isle of Man residents ineligible as

their own independent government responsible for their

funding.

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Ineligible students for funding

Paragraph references 52 -58 and 22 -23

• Paragraph 52

• Institutions not expected to jeopardize public reputation

through any active recruitment of students living outside

England.

• Paragraph 55

• Students from other parts of UK usually not eligible as

they have their own funding arrangements – Scottish,

Welsh or NI students.

• Paragraphs 22 – 23

• Students who do not have the legal right to reside in UK

for the full duration of their studies usually ineligible.

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Tuition fees and other charges

The conditions set out in paragraph 16

• Wording in paragraph 16 simplified for 2013/14 (clearer

wording but only policy change is for 19-24 LLDD in point f)

• a–b No tuition fees should be charged for under 19 students

• c - No enrolment, registration or exam fees if reasonable

attendance when charges can be made for re-sits

• d - Voluntary contributions

• e - Instrumental tuition

• f - 19-24 LLDD students must not be charged

tuition fees

• g - Optional extras

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Questions and Answers on Student eligibility guidanceThe following slides give examples in a Question and Answers

format of student eligibility issues for which institutions may

want further clarification from their funding body (including

any written evidence)

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Student funding eligibility (Q & A)

The general context in replying to questions from institutions:

• The EFA now advises institutions that they have the primary

responsibility in determining most individual student

eligibility questions and individual written consent not

normally given by EFA.

• This advice is now written into Funding regulations as

contractual advice in paragraph 14.

• All funding auditors should be aware of the paragraph in

auditing any provision on behalf of the funding agencies.

• The whole paragraph is included on the next slide for ease

of reference in reviewing the following Q and A slides.

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Student funding eligibility (Q & A - 1)

Q1 A college in Lancashire is approached by a student living in Gretna

Green (Scotland) seeking EFA funding to attend the college to follow an A

level programme? The student states that both parents work in Lancashire

and will transport him to and from college each day.

A1 The EFA guidance supports individual students being able to attend

provision outside the institution normal catchment area (including the

funding of individual students from Scotland and Wales). For such students

the institution is expected to only approve individual students (see

paragraph 14) and not groups of students. BUT it is not acceptable for the

college to actively recruit in such areas and the college is not expected to

be advertising in Scotland for FE students. No institution should actively

recruit students living outside England (or the UK).

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Student funding eligibility (Q - 2)

Q2 A college considers whether they can include on their ILR return a

school sixth form pupil doing one part of their diploma programme at their

college as the school have said they cannot fund the student as the

programme is not taking place in the school?

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Student funding eligibility (A - 2)

A2 The student MUST not be entered on the college ILR as a funded EFA

16-18 student. The funding should be recorded on the school census

return as that is the home establishment of the student and the college

should contract with the school for the funding of the student. The college

may put the student on their ILR recording that the student is otherwise

funded by the EFA.

For such provision, although the school is sub-contracting its delivery

they will not need to apply the full sub-contracting provision controls

guidance as the contractor is also a “directly funded” institution (that is an

institution directly funded by either a LA or EFA). This is seen as

collaborative provision as set out in paragraphs 92-93.

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Student funding eligibility (Q & A - 3)

Q3 Is a student aged 15, or under, eligible for post-16 EFA funding?

A3 It depends on the individual student circumstances.

• Paragraph 46

• new 14-16 funding arrangements for approved colleges

• Paragraph 47

• elective home educated students – includes those using post

16 institutions for exam purposes

• Paragraph 48

• level 3 “jumpers” – those who have jumped at least a year

during pre 16 education years and achieved a full Level 2

• (answer continued on next slide)

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Student funding eligibility (Q & A - 3)

Q3 Is a student aged 15, or under, eligible for post-16 EFA funding?

A3 (answer continued from previous slide)

• Paragraph 49

• exceptional cases for institutions not approved for new funding

arrangements covered in paragraph 46

• Paragraph 50

• short summer programmes for year 11 students not fundable.

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Student funding eligibility (Q & A – 4,5)Two eligibility questions on whether 3 years prior residency needed.

Q4 Do refugees need 3 years residency to be eligible?

A4 No, anyone granted refugee status by UK Government is eligible since

being so recognised regardless of length of residency in UK (Paragraph

27(a).

Q5 Do those granted British citizenship or given permanent settled status

need 3 years residency before being eligible?

A5 No - paragraph 27 (b) or paragraph (28) confers student eligibility

without the need for 3 years residency. The concessions in these

paragraphs are intended to confer eligibility on those who fail to meet the

normal 3 year under paragraph 26 BUT for whom UK Government has

granted extended immigration rights to remain in UK.

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Ineligible – foreign students (Q & A - 6)

Q6 Are those with immigration permission (Home Office Tier 4 students) to

reside in the UK as foreign students eligible for public funding?

A6 No. In particular for 16-19 students there are 2 groups of 16-19

students normally ineligible for EFA funding:

• Foreign students (HO Tier 4 students) - see paragraphs 34 and 35

who are normally given immigration leave to study in UK as they

are expected to pay the full economic cost of attending any publicly

funded UK education or training institution. The fees such students

for full time courses will be very substantial and are available to

education institutions as additional non-state funding.

• (continued on next slide)

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Ineligible – foreign students (Q & A - 6)

Q6 Are those with immigration permission (Home Office Tier 4 students) to

reside in the UK as foreign students eligible for public funding?

A6 (answer continued from previous slide)

But dependents of Tier 4 students are treated differently for funding

purposes:

• A young person resident in UK in education and/or training whilst

their parents are legally and temporarily resident in UK (this

includes children of Tier 4 Foreign Students) are not usually

defined as a foreign student but as a dependant and are usually

eligible for funding under paragraph 28 for 2013/14.

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Ineligible students (Q & A - 7)

Q7 Are those with no legal immigration permission to reside in the UK

eligible for public funding? (answer continued on next slide)

A7 No but some caveats apply to this statement:

• The EFA recognises that young people living in England who were

also living here during their childhood may have certain legal rights

to access education and training whilst the Home Office (HO)

resolve their immigration status.

• In offering any final decisions on eligibility the EFA takes into

account court decisions on when individuals are liable for

deportation and the timescales for any final Home Office

immigration decisions.

• The differences between students already attending programmes

and those identified prior to enrolment are explained on next slide

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Ineligible students (Q & A - 7)

Q7 Are those with no legal immigration permission to reside in the UK

eligible for public funding? (continued from previous slide)

A7 No but some caveats apply to this statement:

• Institutions who have recruited students for whom they

subsequently find have no legal right to remain in UK should

consult their EFA Territory team before making any final decision

on the students eligibility. Institutions should seek to clarify the

immigration permission before enrolling students where

immigration permission is uncertain at enrolment time.

• Such students should be encouraged to resolve their immigration

status with the Home Office at their earliest opportunity.

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Funding eligibility by age (Q & A - 8)

Q8 Are any students aged 19 on the 31 August 2013 funded by the EFA

at ILR funded institutions in 2013/14?

A8 No – the general answer - but following two exceptions:

• those students aged 19-24 with a Section 139A Learning Difficulty

Assessment and for whom the EFA has agreed funding;

• Students completing learning programmes in sixth form colleges

started whilst they were aged under 19 at the start of their first year

of study (these appear on Row D of the Funding Claim Report but

are only recognised for EFA funding purposes at sixth form

colleges).

• All questions on the funding rate for students attending Skills

Funding Agency (SFA) funded provision should be addressed to

the SFA.

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Student funding eligibility (Q & A - 9)

Q9 Can a year 11 student be recruited in the same funding year by a post

16 institution?

A9 The guidance on year 11 student recruitment for summer programmes

as they complete year 11 is in Funding Regulations Section 3 paragraphs

50 to 51. This confirms that the EFA will not count year 11 students for

future lagged 16-19 funding purposes where the study is in the same

teaching year as their year 11 school attendance.

(answer continued on next slide)

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Student funding eligibility (Q & A - 9)

Q9 Can a year 11 student be recruited in the same funding year by a post

16 institution?

A9 (answer continued from previous slide)

Paragraph 43 confirms young people can legally leave school from the last

Friday in June as a completion date for year 11.

Paragraph 44 confirms that such students are counted for Government

statistical purposes for the year as part of the year 11 group and should

NOT usually be part of the post 16 cohort of students for the same year.

Paragraph 49 allows for the small scale recruitment of students who enter

the UK for the first time during the normal year 11 school education group.

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Student enrolment forms (Q & A - 10)

Q10 Do the EFA accept electronically signed learning agreements

(unsigned learning agreements/enrolment forms are an issue when found

in any funding audit) provide appropriate funding audit evidence?

A10 Institutions usually expect students to sign a learning agreement/

enrolment form when first attending their programme (legal, health and

safety and data protection reasons). The EFA accept electronic signatures

where this has been obtained on institution premises – see paragraph 126.

Students attending institution premises for their actual programmes usually

provide all necessary funding audit evidence of existence through registers

– which may be electronic or written. The EFA have combined the detailed

requirements on learning agreements and/or enrolment forms from

2013/14 in paragraph 127.

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Where do I find EFA Funding Guidance for Young People?

For each year Funding Guidance for Young People and

supporting documents are published on individual web pages

for each year (including some power point presentations that

explain some of the main principles in each book)

• EFA Funding Guidance for Young People 2013/14 at:

• http://

www.education.gov.uk/aboutdfe/executiveagencies/efa/funding/fundings/a00222378/funding-guidance-2013-to-14

• EFA Funding Guidance for Young People 2012/13 at:

• http://

www.education.gov.uk/childrenandyoungpeople/youngpeople/studentsupport/funding/a00209794/fundingguidance2012to13

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EFA Funding guidance for young people 2013 to 14

Student Eligibility Guidance 2013/14 – v1.01

- published within Funding regulations – Section 3

- EFA Young People' Funding Team