We have a 16-18 apprentice who was working for employer 1 when the 1st incentive became due so is therefore entitled to receive it. However, within weeks of this, Employer 1 went to work for Employer 2 on the understanding that Employer 2 also employed the apprentice. Employer 1 won’t accept the payment and wants Employer 2 to have it.
I have suggested to Employer 1 that he pass the payment to Employer 2 when received but he is reluctant to take it in the first place.
Yeah, there was a similar query on here a couple of weeks ago. It’s Employer 1’s money, so it has to go to them. What they do with it after that – give it to Employer 2, give it to charity, make a papier mache hat out of it – is up to them, but you, as the training provider, don’t really have an option. Your part of the process is to ensure that Employer 1 gets it.
From the technical funding guide for this scenario:
193. The provider will continue to receive additional payments. Any remaining additional payments not paid to the original employer you can pay to the new employer.
As the first employer has refused payment, I think you can use the above to justify payment to the second employer.