Conditions – 2017

Conditions – 2017

Last updated 10 March 2017
Last updated 03/10/2017

These are the conditions specific to the Intensive Literacy and Numeracy – Refugee English Fund (ILN Refugee English) for 2017.

See also the generic conditions that apply to the Intensive Literacy and Numeracy – Refugee English Fund, and all other on-Plan funds.

 

1.  Organisation eligibility

You must:

(a)  continue to be:

(i)    a TEI, namely:

A.    university

B.    an ITP

C.    a wānanga, or

(ii)   a PTE

(b)  have expertise in educating refugees, and

(c)   continue to be quality assured by:

(i)    NZQA, if you are an ITP, PTE, or wānanga, or

(ii)   the NZVCC, if you are a university.

2.  Learner eligibility

(a)  You must ensure that ILN Refugee English Fund funding is only used in respect of a learner who is:

(i)    a domestic student, or

(ii)   a refugee, being a refugee, protected person or people sponsored by a refugee or protected person, and includes:

A.    the 30 Afghan interpreters who worked for the New Zealand-led Provisional Reconstruction team in Afghanistan and their dependants who were granted residency, and

B.    those persons who have been recognised as a refugee or protected person in accordance with Part 5 of the Immigration Act 2009, and whose application for residence is being processed, or

(b)  You must only allow a learner to re-enrol in a programme funded through the ILN Refugee English Fund for a period of up to 3 years in total.

(c)   You must not claim ILN Refugee English Fund funding for prior learning credited to a learner. To ensure that you are able to comply with this Condition, you must:

(i)    ask each learner to specify prior learning he or she has undertaken, and

(ii)   before admitting each learner into an ILN Refugee English Fund funded programme of study or training, review that information as it relates to each learner, and

(iii)  retain documents that confirm that the learner has demonstrated the required knowledge or skill.

For the avoidance of doubt, recognised prior learning does not include repeated learning or training that the applicable quality assurance body requires learners to repeat periodically.

3.  Programme eligibility

You must only use ILN Refugee English Fund funding for a programme of study or training if the programme:

(a)  is part of a programme that:

(i)    leads to the award of a qualification at Levels 3 to 10 on the NZQF, and

(ii)   if offered by a PTE, comprises 40 or more credits, and

(iii)  has been quality assured by either NZQA or the NZVCC (where appropriate), or

(b)  is part of a training scheme that:

(i)    leads to an award that is not a qualification listed on the NZQF, and

(ii)   has been quality assured by either the NZQA or the NZVCC (where appropriate).

(c)   leads to the award of an ESOL certificate or diploma at Level 3 or above on the NZQF.

4.  Fees

You must not charge a fee to a learner who is participating in an eligible programme for which you receive ILN Refugee English Fund funding.

5.  Withdrawals

You must report the Withdrawal of students to the Ministry of Social Development within 5 working days of that Withdrawal. This is to enable student loans and student allowances to be cancelled as soon as possible.

6.  Reports

(a)  You must submit:

(i)    a progress report for the period 1 January to 31 May no later than 10 working days after 31 May

(ii)   a progress report for the period 1 January to 30 September no later than 8 working days after 30 September, and

(iii)  a final report for the period 1 January to 31 December no later than 31 January of the following year.

(b)  Each progress report must:

(i)    be submitted in accordance with the template that we will provide to you, and

(ii)   relate to the specific outcomes in your Investment Plan, and

(iii)  include the following information:

A.    the number of learners enrolled in each programme of study or training, and

B.    learner enrolment information, including the NSN, tuition hours delivered (actual attendance) and qualification enrolment details (including the start and finish dates, and qualification name for the enrolment) of each learner enrolled in each programme of study or training during the period covered by the report.

(c)   Each final report must be submitted in accordance with the template that we will provide to you and include the following information:

(i)    the number of learners that are or were enrolled in each eligible programme of study or training, and

(ii)   the number of learner places delivered, and

(iii)  the NSN and details of any learners not already reported in the progress reports, and

(iv) a summary of the learner demographics, and

(v)  the regions in which you delivered the provision, and

(vi) a declaration that confirms that:

A.    you have monitored each learner’s progress, and

B.    you have met your performance commitments.

7.  Subcontracting

You must not subcontract the delivery of a programme of study or training funded from the ILN Refugee English Fund funding.

8.  Repayment of ILN Refugee English Fund funding

If you receive ILN Refugee English Fund funding that is greater than it should have been, or that you were not entitled to receive, you must treat the amount of the over-funding as a debt due to the Crown that:

(a)  is repayable on demand, and

(b)  may be set-off against all or any funding, or any sum of money payable by us to you.

For the purposes of this Condition, we will determine whether you have received funding that was greater than it should have been if you do not deliver all of the places specified in your Investment Plan. This means that if you do not deliver the agreed number of places in your plan, then we will recover all funding associated with those undelivered places.

9.  Suspension or revocation of ILN Refugee English Fund funding

If we suspend or revoke some or all of your ILN Refugee English Fund funding under section 159YG of the Education Act before some or all of that funding has been used or contractually committed towards the purposes for which the funding was provided, you must treat the unexpended or uncommitted portion of the funding as debt due to the Crown that is:

(a)  repayable on demand by us, and

(b)  may be set-off against all or any funding, or any sum payable by us to you.

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