Learner Eligibility, Funding and Fees

Introduction

Staffordshire County Council’s Community Learning Service receives Adult Education Budget funding from the Education and Skills Funding Agency (ESFA) to deliver learning to Staffordshire residents aged 19 and over. Provision is delivered by our Direct Delivery Unit and subcontracted learning providers.

Purpose

This policy explains the fee policy and eligibility criteria for provision form 01 August 2023 to 31 July 2024, in line with the ESFA funding rules, and is for the use of learners, partners, Direct Delivery Unit and sub-contracted providers.

Sub-contracted providers can adopt this Staffordshire Community Learning Policy or can apply their own Fee Policy, if this is in line with the ESFA funding rules 2023-24. Sub-contractors must make their Fee Policy available to potential learners before they enrol.

Eligibility

Direct Delivery Unit staff and sub-contracted providers must check and confirm the identity and eligibility of each learner at the start of each course. The staff responsible for this must see an identification document e.g.: driving licence, passport, residence permit. They must check the learners’ eligibility against the following criteria covering availability to learn, age, residency and citizenship.

Availability

All learners must be able to achieve the learning aim or programme of study within the time they have available, ie must be able to commit to attending the full course.

Age

All learners must be aged 19 or older on 31 August 2023 (unless they are a parent aged under 19 and enrolled on a Family Learning course).

Residency and Citizenship Eligibility

Staffordshire Residency

All learners must be living in a Staffordshire district: East Staffordshire, Cannock, Lichfield, Tamworth, South Staffordshire, Stafford, Newcastle-under-Lyme, and Staffordshire Moorlands.

Residency and citizenship

All learners must fulfil the residence and citizenship eligibility criteria in one or more of the following categories:

• UK (or Irish) national or other person with right to abode in the UK if they have lived:
  • a. in the UK (or Ireland) for the previous 3 years or
  • b. in the EEA, Switzerland or EU overseas territories2 by the 31 December 2020 and for the last 3 years
• EEA and Switzerland nationals who have obtained either pre-settled or settled status under EUSS and have lived continuously in the EEA, Switzerland, Gibraltar, or the UK for at least the previous 3 years on the first day of learning.
• Family member of b) if they have obtained pre-settled or settled status under EUSS and the EU national (principal) has obtained pre-settled or settled status under EUSS and has been ordinarily resident in the UK, EEA and/or Switzerland for at least the previous 3 years on the first day of learning
• A person who, on the first day of learning, has lived in the UK half their life or a period of 20 years or more, has an eligible residency status.
• Individuals with certain types of immigration status and their family members (with exemption from the 3-year residency rule).
• Members of British Armed forces and their family members.

Fees and Remissions

Non-accredited courses

For our Direct Delivery courses, there are no course fees if the learner meets the eligibility requirements above and is enrolling on a non-accredited course in any of the following curriculum areas:

1. Wellbeing and Independence
2. Community and Family Progression
3. English, Maths and Digital
4. STEM and Vocational

If the learner does not meet the eligibility requirements above, we charge a fee of £10.00 per guided learning hour, to cover our costs, as we are not able to claim funding from the ESFA for this enrolment.

Accredited courses

If the course is accredited, and the learner meets the eligibility requirements above, the learner must pay fees that are calculated at a rate of £5.00 per hour.If the learner does not meet the eligibility requirements above, we charge a fee of £10.00 per guided learning hour, to cover our costs, as we are not able to claim funding from the ESFA for this enrolment.100% fee remission is applied, depending on:

• the qualification being taken and the learners’ previous level and/or
• the learners’ income/benefits statusNo fees are payable for:
• Learners enrolling on an Essential Digital Skills Qualification, up to and including level 1 and have digital skills assessed as below level 1.
• Learners enrolling on an English and/or maths qualification course, up to and including level 2, who have not previously attained a GCSE grade 4 (C), or higher, and/or
• Learners enrolling on a first full qualification at level 2 or 3 for individuals aged 19 to 23

No fees are payable for:

• Learners who are unemployed or on a low wage

For funding purposes, we define a learner as unemployed if one or more of the following apply:

• The learner receives Jobseeker's Allowance (JSA) including those receiving National Insurance credits only,
• The learner receives Employment and Support Allowance (ESA),
• The learner receives Universal Credit (UC), and their take-home pay as recorded on their UC statement (disregarding UC payments and other benefits) is less than £617 a month (learner is sole adult in their benefit claim) or £988 a month (learner has a joint benefit claim with their partner),
• The learner is released on temporary licence, studying outside a prison environment, and not funded by the Ministry of Justice.

A low wage is defined as:

• less than £20,319 annual gross salary for learners who are employed, or self-employed, for provision up to and including level 2.

No fees are payable for learners who fulfil both the criteria below:

• The learner receives other state benefits (not included in the list above) and their take-home pay (disregarding UC payments and other benefits) is less than £617 a month (learner is sole adult in their benefit claim) or £988 a month (learner has a joint benefit claim with their partner), AND
• wants to be employed, or progress into more sustainable employment, and the identified learning is directly relevant to their employment prospects and the local labour market needs.

Evidence requirements

Where fee remission is offered, learners will be required to provide evidence of benefits and/or income they receive. This could be a wage slip or a Universal Credit statement within 3 months of the learner’s learning start date, or a current employment contract which states gross monthly/ annual wages.

Further information on funding, remission and evidence can be found in the ESFA Funding rules.

Reimbursement of fees

Fee refunds are at our discretion.

Any fees paid will only be refunded to individuals in the following circumstances:

• if we cancel the course
• if the learner is unable to complete the course for an unavoidable reason eg severe illness and has attended less than 50% of the courseFees are refunded by cheque or BACs within one month of the course cancelation date.

Queries

Any queries regarding fees should be directed to: communitylearning@staffordhsire.gov.uk

Appendix A

Definitions

A “family member” for these purposes is either:

• the husband, wife, civil partner of the UK national (principal) or
• the child, grandchild, spouse/civil partner’s child or spouse/civilpartner’s grandchild of the principal, who is either
  • under 21, or
  • dependant on the principal and/or his/her spouse/civil partner

Individuals with certain types of immigration status and their family members

Individuals with any of the statuses listed below, or leave under the listed schemes, has an eligible residency status and is exempt from the 3-year residency requirement rule. In relation to these categories, you musthave seen the learner’s immigration permission. This would include the biometric residence permit (BRP) and in some cases an accompanying letter from the Home Office.

• discretionary leave to enter or remain
• exceptional leave to enter or remain
• indefinite leave to enter or remain
• humanitarian protection
• refugee status
• leave outside the rules
• persons granted leave under one of the Ukraine schemes:
  • individuals with leave to enter or remain in the UK under the Ukraine Family Scheme
  • individuals with leave to enter or remain in the UK under the Ukraine Sponsorship Scheme (Homes for Ukraine)
  • individuals with leave to enter or remain in the UK under the Ukraine Extension Scheme
• the husband, wife, civil partner or child of anyone in the first 7 bullet points of this list
• section 67 of the Immigration Act 2016 leave[footnote 5]Calais leave to remain
• persons granted leave under one of the Afghan schemes:
  • individuals with leave to enter or remain in the UK under the Afghan Citizens Resettlement Scheme (ACRS)
  • individuals with leave to enter or remain in the UK under the Afghan Relocations and Assistance Policy (ARAP)
  • British Nationals evacuated from Afghanistan under Operation Pitting
  • British Nationals evacuated from Afghanistan by the UK government before 6 January 2022

Persons granted stateless leave and their family members

A person granted stateless leave is a person who has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).

A person granted stateless leave is eligible for funding if they have been ordinarily resident in the UK and Islands throughout the period since they were granted such leave.

The spouse or civil partner of a person granted stateless leave is eligible if they were the spouse or civil partner of the person on the leave application date and have been ordinarily resident in the UK and Islands throughout the period since they were given leave to enter or remain in the UK. “Leave application date” means the date on which a person is granted stateless leave made an application to remain in the UK as a stateless person under the immigration rules.

The child of a stateless person, or of the stateless person’s spouse or civil partner, is eligible if they were the child of the stateless person or the child of the stateless person’s spouse or civil partner on the leave application date, were under 18 on the leave application date and have been ordinarily resident in the UK since they were given leave to enter or remain.

“Leave application date” means the date on which a person is granted stateless leave made an application to remain in the UK as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971)

Children of Turkish workers

A child of a Turkish worker is eligible if both the following apply:

• the Turkish worker is ordinarily resident in the UK on or before 31 December 2020 and has Turkish European Community Association Agreement (ECAA) rights or extended ECAA leave and
• the child has been ordinarily resident in the UK, EEA and/or Turkey for at least the previous 3 years on the first day of learning and is resident in the UK on or before 31 December 2020

Asylum seekers

Asylum seekers are eligible to receive funding if they:

• have lived in the UK for 6 months or longer while their claim is being considered by the Home Office, and no decision on their claim has been made, or
• are receiving local authority support under section 23C or section 23CA of the Children Act 1989 or the Care Act 2014.

An individual who has been refused asylum will be eligible if:

• they have appealed against a decision made by the UK government against granting refugee status and no decision has been made within 6 months of lodging the appeal, or
• they are granted support for themselves under section 4 of the Immigration and Asylum Act 1999, or
• are receiving local authority support for themselves under section 23C or section 23CA of the Children Act 1989

Learners in the armed forces

British armed forces personnel, Ministry of Defence personnel or civil and crown servants resident in England, who meet the criteria in the who we fund section, are eligible for ESFA funded AEB where learning takes place in England.

Members of other nations’ armed forces stationed in England, and their family members, aged 19 and over, are eligible for ESFA funded AEB, set out in the who we fund section, if the armed forces individual has been ordinarily resident in England for the previous 3 years on the first day of learning. We will not fund family members that remain outside of England.

Appendix B

This Annex sets out the countries falling within the below categories as referenced in the residency eligibility section.

British Overseas Territories

• Anguilla
• Bermuda
• British Antarctic Territory
• British Indian Ocean Territory
• British Virgin Islands
• Cayman Islands
• Falkland Islands
• Gibraltar
• Montserrat
• Pitcairn, Henderson Island, Ducie and Oeno Islands
• South Georgia and the South Sandwich Isles
• St Helena and its dependencies (Ascension and Tristan da Cunha)
• Turks and Caicos Islands 

EEA

The EEA comprises of the following countries:

• All Member States of the European Union

You can access a list of member states on the EU website.

With respect to EEA nationality, note that any Cypriot national living on any part of the island qualifies for EU residency and is considered an EU national

• Iceland
• Lichtenstein
• Norway

The table below lists territories that are categorised as being within the EU and or territories that are categorised as being part of the listed countries such that they satisfy our residency requirements for the purposes of the AEB funding rules. 

 To note: Andorra, Macau, Monaco, San Marino and the Vatican are not part of the EU or the EEA.