Grants Scheme appeals policy

Objective of the appeals policy

The Appeals Policy defines how Grants Scheme appeals shall be managed by CITB. This policy promotes efficiency, fairness and consistency in determining those appeals.

Appeal criteria and grounds

An Employer may appeal an application for grant that has been rejected (“a Rejected Application”) or Grant Verification if ALL outstanding Levy Returns have been correctly completed and submitted to CITB and ALL Levy liabilities have been paid in full or there are agreed payment arrangements in place.
An appeal can be submitted for, but not limited to:
- Grant Verification
- Rejected Applications
There is no right of appeal against a Rejected Application where:
- the Employer is not eligible for grant (for example where an Employer has already reached the maximum grant allocation for a specific grant type or ceased to trade at the point when the training or achievement was completed by the learner or apprentice);
- the training or qualification that the grant is being applied for has not been undertaken, completed, passed or achieved by the learner or apprentice;
- grant support for a learner or apprentice has already been received for the training or qualification being applied for.

Time to appeal

Appeals are only allowed in respect of:
- attendance grant for attendance dates that are no more than 2 years before the date of appeal (inclusive of date of appeal); and
- achievement grant where the achievement date is no more than 2 years before the date of the appeal (inclusive of the date of appeal).
Appeals must be received within 90 calendar days from the date of receipt of the notification of a Rejected Application or as otherwise agreed by CITB, at its absolute discretion and in writing (“First Appeal”).
Where a further appeal (“Second Appeal”) is submitted by the Employer, this must be received within 30 calendar days from the date of receipt of the notification of the outcome of the First Appeal. Any Second Appeal received outside of the 30 calendar days’ time period will not be considered unless otherwise agreed by CITB, at its absolute discretion and in writing.

How to appeal

Both a First Appeal and Second Appeal must be submitted in writing and set out in detail the grounds of the appeal, together with all supporting documentation relied upon and sent either via email to:  GrantsScheme.Appeals@citb.co.uk or by letter to CITB, Box 30, C/O SSCL, Phoenix House, Newport, NP10 8FZ. It is the Employer’s responsibility to ensure that CITB has received the appeal and all supporting documentation within the agreed timeframe set out above.
Further information may be requested in order to progress the First Appeal or Second Appeal. Any request for further information must be supplied by the Employer within 14 calendar days from the date of the request by CITB or as otherwise agreed in writing by CITB at its absolute discretion. Failure to provide any further information requested by the due date shall result in CITB continuing the appeal process based on the information CITB holds at the said due date.

First Appeal

A First Appeal shall be considered within 30 calendar days of receipt of the written submissions and supporting documentation provided by the Employer. CITB shall have a further 30 calendar days to notify the Employer of the outcome of the First Appeal. There shall be no representation in person.
If the First Appeal is successful, payment of grant shall be made in accordance with CITB’s Grants Scheme Policy provided CITB has received all outstanding Levy Returns from the Employer and the Employer has paid (or agreed arrangements are in place to pay) all Levy.
Subject to any reduction or withdrawal of grant payments and/or rates, grants (excluding apprenticeship grants) will be paid at the rate given in the grant type specifications at the time the training took place or at the time the qualification was achieved.
CITB can withhold grant payments during the period in which an Employer has a pending grant First Appeal.
CITB can extend the time period for considering the First Appeal at its absolute discretion including, for example, for complex cases. Any such extension of time will be communicated by CITB to the Employer in writing.
CITB will ensure that First Appeals are reviewed by CITB employees who were not involved with the original decision making.

Second Appeal

If an Employer is not satisfied with the outcome of their First Appeal, they shall have the right to submit a Second Appeal.
The Second Appeal must be made in writing and set out in detail the Employer’s objections to the First Appeal outcome. There shall be no representation in person.
The Second Appeal shall be reviewed within 90 calendar days of receipt of the Employers’ objections to the First Appeal outcome. CITB shall notify the Employer of the outcome of the Second Appeal within 30 calendar days after the review period. For the avoidance of doubt, the maximum period of time for the Employer to receive the outcome of the Second Appeal is 120 calendar days (comprising of up to 90 calendar days to review the Second Appeal and a further 30 calendar days to notify Employer of the outcome).
The outcome of the Second Appeal shall be final. There is no further right to appeal after the Second Appeal.
If the Second Appeal is successful, payment of grant shall be made in accordance with CITB’s Grants Scheme Policy provided CITB has received all outstanding Levy Returns from the Employer and the Employer has paid (or agreed arrangements are in place to pay) all Levy.
Subject to any reduction or withdrawal of grant payments and/or rates, grants (excluding apprenticeship grants) will be paid at the rate given in the grant type specifications at the time the training took place or at the time the qualification was achieved.
CITB can withhold grant payments during the period in which an Employer has a pending grant Second Appeal.
CITB can extend the time period for considering the Second Appeal at its absolute discretion including, for example, for complex cases. Any such extension of time will be communicated by CITB to the Employer in writing.
CITB will ensure that Second Appeals are reviewed by CITB employees who were not involved with the original decision making.