Apprenticeship Grant for Employers of 16 to 24 year olds (age 16 to 24) Employer Terms and Conditions and Declaration




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Apprenticeship Grant for Employers of 16 to 24 year olds (AGE 16 to 24)
Employer Terms and Conditions and Declaration
This document sets out the Terms and Conditions on which The Secretary of State for Business, Innovation and Skills (BIS) acting through the Skills Funding Agency (the SFA) on behalf of the Crown will provide the Apprenticeship Grant for Employers (AGE 16 to 24) to the Employer.
The document should be read together with the current AGE Employer Fact Sheet which also forms part of the Terms and Conditions.
The Grant will be administered and paid on behalf of the SFA by the training organisation delivering the training to the apprentice for whom AGE 16 to 24 is paid (the Training Provider).
Employers who do not meet these Terms and Conditions will not be entitled to receive AGE 16 to 24.
The training organisation will receive an allocation for AGE 16 to 24 and employers will receive AGE 16 to 24 on a first come first served basis. Once the training organisation has used up its allocation the AGE 16 to 24 will not be available. Training organisations should not offer AGE 16 to 24 without a contract and sufficient allocation to honour the AGE claim.
The Employer must check and confirm that they meet the eligibility criteria set out in this document and retain evidence of their claim. The training orgnisation is responsible for checking the Employer’s eligibility, and submitting the relevant data to the SFA. The SFA will make a payment of AGE 16 to 24 to the training orgnisation based on data submitted. The training organisation is responsible for checking and confirming with the Employer, that the apprentice and employer are eligible based on checking their own systems and data.
In the event of any queries and or complaints, contact your training organisation who is responsible for investigating and resolving issues relating to your AGE claim.
Each individual AGE 16 to 24 is £1,500. Employers will become eligible to receive AGE 16 to 24 once the apprentice has completed 13 weeks ‘in learning’ (as recorded in the Individual Learning Record submitted by the training organisation) and in employment. It may take up to nine weeks for the payment to be processed and paid to the training Organisation following the 13 week period, on receipt of the funds the training organisation is required to transfer the funds to the Employer within 30 days of receiving it from the SFA.
The Employer must return the attached declaration to the training organisation in order that the training organisation can claim the AGE 16 to 24.
NB: In some areas AGE 16 to 24 is managed by the Local Enterprise Partnerships (LEP) / Combined Authority and eligibility criteria will be different from those applied by the SFA. This is currently the case for Greater Manchester, Sheffield City Region and West Yorkshire Combined Authority. Links to the relevant information for these areas is available on gov.uk.

Employer Declaration

Name of Employer ……………………………………...………... (the Employer) declare as follows:

1. The Employer would not be in a position to employ this new apprentice without AGE 16 to 24. (*see note below)


2. The Employer will employ the apprentice/s named below for at least the time it takes to complete their apprenticeship programme, or a minimum of 12 months on the apprenticeship programme, whichever is greater (subject to satisfactory performance of the apprentice as an employee)
3. The employee will be signed up to do an apprenticeship from the beginning of their employment.
4. The Employer will pay the apprentice at least the National Minimum Wage appropriate for the apprentice’s age, including time for off the job training
5. The Employer does not have a employee who has started an apprenticeship programme in the previous 12 months (from the start date of this new apprenticeship) (**see note below)

6. The Employer will complete the attached State Aid declaration form, confirming that they are aware of and do not breach any State Aid rules, and return it to the Training Provider.

7. The Employer has fewer than 50 employees in the United Kingdom
8. The Employer understands that if the apprentice leaves or is dismissed and does not complete 13 weeks ‘in-learning’ (as recorded in the Individual Learning Record submitted by the training organisation) and in employment they will not be eligible for the Grant.
I understand that if the Employer does not comply with any of the requirements set out above the SFA will not have any obligation to make a payment in respect of AGE 16 to 24 and may recover any payments already made.

Notes
* AGE 16 to 24 is aimed at supporting employers who would not currently be in a position to recruit an apprentices without the support of this Grant. If this is not the case the employer should not make a claim.
** If as an employer you are unsure whether a training organisation has accessed apprenticeship funding for employees in your business (for new recruits or existing employees) but have for example, had a member of staff, irrespective of their age, undertaking work based learning such as NVQs (National Vocational Qualifications) you should contact the training organisation concerned to seek clarification before signing this agreement and claiming the Grant. Checks will be made and where a previous apprenticeship start is recorded against an employer they will not be eligible for the Grant.

By signing below both parties confirm:




  • The Employer Factsheet has been shared and fully understood

  • The Employer is aware that if this declaration is inaccurate or the information they provide is incorrect the SFA reserves the right to recover the funds relating to a specific grant

  • The Employer has shared all information with the training organisation relating to other employees who have recently or currently receiving training

  • The Employer understands the timetable to process an eligible claim, and that they will receive payment for an eligible AGE claim approximately no later than 6 months after the apprentice starts their apprenticeship

  • The Employer must be made aware that prompt payment of claims is dependent on a timely and accurate claim submission by the training organisation at 13 weeks when the apprentice(s) become eligible

  • The Employer is not based in an area where AGE is devolved




  • The training organisation has conducted all necessary checks against the Employer’s eligibility before the data and claim is submitted to the SFA

  • The training organisation is responsible for the administration and payment of the Grant and must meet the terms of their SFA funding agreement



Signature: Signature:

_____________________________ ___________________________________



For and on behalf of the employer For and on behalf of the Training

Organisation

Name (print): ___________________________ Name (print):___________________________


Position: _____________________________ Position: ______________________________
Employer: ______________________________ _____________________________________
Date: _________________________________ Date: ________________________________


Apprentices’ details

Number of apprentices to be recruited under the AGE 16 to 24: _____

(up to a maximum of 5 per employer)


Name of apprentice (please complete if known at this stage)

Date of birth


1.




2.




3.




4.




5.






State Aid declaration



Section One - (De Minimis)

Company Level Data Capture Form


1. What is your company name?










2. What is your company’s registered address?








3. Contact Details

Email:










Telephone:


Section Two - (De Minimis)


STATE AID RULES

Where activity is supporting individuals to improve their employability and help them move closer to the labour market the aid is being provided to the individual and there are no direct benefits for enterprises. However for those elements which provide support to individuals in employment there may be state aid implications because their employers are receiving support towards the costs of training. Where funding which supports individuals in employment to achieve full or part qualifications this may constitute an aid.

The de minimis regulation enables an enterprise to receive up to €200,000 euros in aid (any public resources including ESF) over three fiscal years. Providing such aid is given within the de minimis rules there is no requirement to notify it to the Commission.

To ensure that the requirements of the de minimis regulation are met, scheme administrators must ensure that any award of funding and other public match funding to an enterprise given under the terms of the de minimis block exemption does not breach the €200,000 ceiling over three fiscal years. Member states are required to keep detailed records of any de minimus aid paid for 10 years.


The de minimis regulation:

  • extends the scope of the regulation to marketing and processing of agricultural products with certain conditions and the transport sector (but not to road haulage operations for the acquisition of road freight transport vehicles).

  • prohibits the cumulation of de minimis with other block exempted or notified aid schemes for the same costs, and ;
  • increases the de minimis level from €100,000 to €200,000 except the road transport sector which remains at €100,000.

Organisations using the de minimis rules must put in place a monitoring system to ensure the limit is not breached. Typically, such a monitoring system will involve:



  • asking enterprises receiving support under their scheme to identify all other sources of support (either in cash or in kind) that they have received in the last three years;

  • checking if previous de minimis aid is involved, to ensure that the combined assistance does not exceed €200,000 over any three-year rolling period. If the limit is breached, the aid may have to be reduced or refused to ensure the limit is not breached.

BIS (Department for Business, Innovation and Skills) State Aid Branch advises writing to each recipient in the following terms:

“The assistance for […] constitutes State Aid as defined under Articles 87 and 88 of the Treaty of Rome and is being granted as ‘de minimis’ aid under Commission Regulation EC/1998/2006. European Commission rules prohibit any undertaking from receiving more than €200,000 euros ‘de minimis’ aid over a rolling three-year period. Any ‘de minimis’ aid granted over the €200,000 limit may be subject to repayment with interest. If you have received any ‘de minimis’ aid over the last three years (from any source) you should inform us immediately with details of the dates and amounts of aid received. Furthermore, information on this aid must be supplied to any other public authority or agency asking for information on ’de minimis’ aid for the next three years.”

Whilst de minimis rules are straightforward in principle they are difficult and complex to operate in practice because they are not project related and as such rely on individual enterprises being able to identify how much aid and under which schemes they have received support over a rolling three-year period. Where enterprises have exhausted their aid ceilings under de minimis, there is no capacity for further aid. State aids must be dealt with using the de minimis rules.


4. Declaration - I declare that the amount of De Minimis aid received by the company/organisation over the last three fiscal years is:



2013/14

2014/15

2015/16

2016/17

TOTAL



















5. I confirm that, to the best of my knowledge, the information above is correct and given in good faith. I will notify you of any new aid received from any source during the life of the project.


Signed




Date




Name




Position within firm





This information may be shared with other organisations and Department for Education and Department for Work & Pensions for administrative, statistical and research purposes, to inform careers and other guidance and to monitor progress.





Page of
AGE 16 to 24 Employer T&Cs and Declaration

V.6 April 2016





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