Statutory entitlements: approval criteria
Criteria that qualifications in the statutory entitlements offer need to meet alongside the common funding approval criteria.
We will only approve a qualification for the statutory entitlements if it meets all the common approval principles and these specific principles.
ESFA funded adult education budget supports students with full funding if they are:
- undertaking English or maths qualifications, and have not previously attained a GCSE grade 4 (grade C) or higher in either of these subjects
- undertaking essential digital skills qualifications and have low or no digital skills
- aged 19 to 23 without a first level 2 qualification and are undertaking level 1/level 2 and level 2 qualifications such as GCSEs or their first technical qualification at level 2 that:
- have been or are currently listed in 16 to 18 performance tables
- have not had funding approval removed due to being a pre-existing performance table qualification or a qualification with low or no publicly funded enrolments
- aged 19 to 23 without a first level 3 qualification and undertaking level 3 qualifications such as AS Levels, A Levels, Core Maths, Access to HE and technical or applied qualifications at level 3 that:
- have been or are currently listed in 16 to 18 performance tables
- have not had funding approval removed due to being a pre-existing performance table qualification or a qualification with low or no publicly funded enrolments
To be approved for funding through this statutory entitlement, a qualification must be one of the following qualification types:
- GCSE English language
- GCSE maths
- reformed functional skills qualifications in English and maths at entry level to level 2
- certain modular qualifications in English and maths at entry level and level 1 (also known as ‘stepping stone’ qualifications)
We make units of the modular qualifications available to all eligible students, to support their progress towards a GCSE or functional skills qualification at level 2. Where we make units available you must ensure the units can be delivered on a standalone basis (that students can register on them and receive a certificate of unit credit on achievement of the unit).
We will continue to automatically add any newly regulated GCSEs or functional skills qualifications to the English and maths statutory entitlement in 2022 to 2023.
We will publish funding approval information for qualifications in this statutory entitlement on the list of qualifications approved for funding. You will also be able to identify qualifications that are part of the English and maths entitlements in the Find a learning aim using the category ‘Legal entitlement – English and maths’ (code 39).
Updated English and maths ‘stepping stone’ qualifications
The 16 to 19 condition of funding and statutory entitlement to English and maths includes certain modular qualifications (also known as ‘stepping stone’ qualifications) at entry level and level 1. These modular qualifications focus on aspects of English and maths, which a student may need to address to progress to GCSE or functional skills at level 2.
You can ask us to replace an existing modular ‘stepping stone’ qualification that we have approved (as part of the 16 to 19 condition of funding for English and maths or the statutory entitlement to English and maths) with a new updated qualification.
We will only approve an updated modular ‘stepping stone’ qualification if:
- it is at entry level or level 1
- there is clear evidence that it is a direct map to the reformed functional skills subject content
- it meets the same minimum size requirements of 45 guided learning hours (GLH)
- it shares the same design characteristic as the modular qualification that it replaces
This process only applies to awarding organisations (AOs) that already have ‘stepping stone’ qualifications approved for funding. We will not approve ‘stepping stone’ qualifications for funding unless they are an update of an existing qualification that was originally designed for the qualifications and credit framework (QCF).
We will not approve an updated ‘stepping stone’ qualification if it replaces a qualifications which has already had funding withdrawn as a result of no enrolments or is a qualification that has low or no publicly funded enrolments.
If we approve an updated ‘stepping stone’ qualification for funding, we will add funding approval for the updated qualification in the same funded offers that the existing qualification was in. For example, if the existing qualification was only approved in the statutory entitlement to English and maths, we will approve the updated qualification for the statutory entitlement and not for the 16 to 19 condition of funding for English and maths.
We will also add units from the updated English and maths qualification to the English and maths unit offer. Where we add units, you must ensure they can be delivered on a standalone basis (that students can register on them and receive a certificate of unit credit on achievement of the unit).
We will apply a funding approval end date for the existing qualification 2 months after we publish details of the new qualification, unless:
- you have set an earlier operational end date in Ofqual’s register
- the new qualification has an operational start date that is more than 2 months in the future at the point we consider it for funding approval
If we approve a component (unit) of an updated ‘stepping stone’ qualification for funding, we will also approve it for funding in the statutory entitlement to English and maths offer.
A digital entitlement for adults with low or no digital skills was introduced in August 2020, supported by new essential digital skills qualifications (EDSQs) at entry level and level 1. New digital functional skills qualifications (FSQs) at entry and level 1 will be introduced from August 2023, replacing existing FSQs in ICT.
As part of our essential digital skills reforms, we are removing funding approval for students aged 16 and over from basic digital skills qualifications that are based on outdated standards. This is so funding can be focussed on qualifications aligned to the new national standards for essential digital skills, which set out the digital skills needed for life and work.
In August 2021, we completed the process to withdraw funding approval across all post-16 offers of entry level and level 1 qualifications. These were:
- all qualifications up to and including level 1 in the sector subject area (SSA) ICT for users
- digital and ICT qualifications up to and including level 1 in other SSAs that were not linked to the application of digital skills for a specific occupational sector, or specific entry level job role
Our review of post-16 qualifications at level 2 and below confirms that we will proceed with our consultation proposal to remove funding approval from all level 2 FSQs for ICT and level 2 ICT for users qualifications.
In April 2022, we published the list of level 2 ICT for users and related qualifications that had funding approval removed across all post-16 offers from 1 August 2022. FSQs in ICT at entry level and level 1 will remain available and approved for funding until 1 August 2023, when they will be replaced by new digital FSQs at entry and level 1.
We are removing funding approval for new starts only. If a student is already enrolled on an existing qualification before its funding approval end date, we will continue to fund them until they have completed their qualification or until the qualification’s certification end date, whichever is earlier. If you withdraw a qualification or change its operational end date to be earlier, we will set its funding approval end date to be the same as the revised operational end date.
Where we remove funding approval for a qualification, there is no facility for that qualification to re-enter the publicly funded offer. We will also not approve new qualifications that have the same or similar content to qualifications where funding approval has already been withdrawn.
You will be able to identify qualifications that are part of the digital entitlement in the Find a Learning Aim using the category ‘Digital Skills’ (code 42).
To be approved for funding through the level 2 and level 3 statutory entitlements, a qualification must be one of the following qualification types:
- technical and applied qualifications (tech levels, applied general qualifications, technical certificates) that:
- have been or are currently listed in 16 to 18 performance tables
- have not had funding approval removed due to being a pre-existing performance table qualification or a qualification with low or no publicly funded enrolments
- GCE A levels
- GCE AS levels
- Access to Higher Education (HE) diplomas
- core maths
- GCSEs
We will publish funding approval information for qualifications in this statutory entitlement on the list of qualifications approved for funding. You can also identify qualifications that are part of the level 2 and 3 entitlements in the Finding a Learning Aim using the following categories:
- legal entitlement – level 2 (code 37)
- only for legal entitlement at level 3 (code 38)