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Apprenticeships, Skills, Children and Learning Act 2009

Section 61: Provision of financial resources

186.Subsection (1) places a duty on the YPLA to secure the provision of financial resources to persons who provide education and training to young persons within the remit of the new LEA duties imposed by sections 15ZA and 18A of the Education Act 1996 (see sections 41 and 48), and also to LEAs themselves.

187.Under subsection (2), the YPLA must also secure the provision of financial resources as directed by the Secretary of State. This would, for example, allow the Secretary of State to require the YPLA to secure in future the provision of financial resources to a specific group of learners not covered in its duties or powers. However, this would not allow the Secretary of State to require the YPLA to secure the provision of financial resources to a particular person (for example, to provide a certain amount of money to a specific LEA) because of the prohibition in subsection (9).

188.In addition, subsection (3) empowers the YPLA to secure financial resources in respect of provision to learners of and under compulsory school age, and learners aged 19 and over (who have not had a learning difficulty assessment) who started their courses before they were 19. These powers will enable provision to be secured, for example, for:

  • young people under the age of 16 who are attending courses in a 16 to 19 institution, whether this is because they are starting a course early, or because the course is specifically designed for those under 16, for example, young apprenticeships; and

  • young people who start a course before they reach 19 which ends after their 19th birthday.

189.Under subsection (4) the YPLA will have power to pay grants and allowances to learners of all ages. These powers enable the YPLA to secure, for example Care to Learn grants (which are provided to young people who begin their course or learning programme before their 20th birthday), Education Maintenance Allowances (EMAs) (provided to 16 to 18 year olds) and the Adult Learning Grant (a means tested grant provided to adults of all ages). Subsection (7) gives the YPLA the power to take account of fees, charges, and other matters such as the cost of travel or childcare when securing these grants.

190.Subsection (4) also gives the YPLA the power to secure the provision of financial resources for other purposes. This covers:

  • Persons providing goods or services in connection with the provision of education or training to persons up to the age of 19, over 19 where a course has been started before the young person reaches 19, or learners under 25 for whom a learning difficulty assessment has been made. This would allow the YPLA to fund, for example, accommodation on a field trip;

  • Persons undertaking research in relation to education or training;

  • Persons providing work experience for persons receiving education;

  • Persons carrying out means tests, for example, in relation to learner support grants.

  • Persons providing information, advice or guidance about education or training, or connected matters.

191.Subsection (6) provides that the YPLA may secure financial resources not only by providing them directly, but also by:

  • making arrangements for another person to provide the resources, for example delivering learner support funds through contracts; and

  • making arrangements for two or more persons (whether or not this includes the YPLA) to jointly provide the resources, for example, to deliver shared services with the Chief Executive of Skills Funding.

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