Who it applies to
The condition applies to students aged 16 to 18 (or up to 25 with an education, health and care (EHC) plan) on a programme of 150 hours or more that started on or after 1 August 2014, who do not hold a GCSE grade 9 to 4, or an equivalent, in maths and/or English by the end of year 11 (section 2.1). It also applies to all 19+ continuing students, with the first impact on 16 to 19 funding allocations in 2027 to 2028 (section 8.8). It applies to T Levels and the T Level Foundation Year in the same way (section 8.6). Apprentices are not covered (section 8.5).
- Programmes under 150 hours: the condition does not apply, although DfE expects some maths and English content in the programme (section 8.3)
- For the condition, full-time means 580 hours or more for 16 and 17 year olds, or 485 hours or more for students aged 18 and over (section 4.2)
What they must study
To meet the condition, a student must study an approved qualification for the minimum teaching hours. The approved qualifications are GCSEs, Functional Skills level 2, and other approved qualifications at level 1 and entry level. Which one a student may take depends on the GCSE grade they got at 16 (sections 2.2 and 4):
- Grade 4 or above: the condition is already met.
- Grade 3, full-time student: must study GCSE, because they are closest to a grade 4.
- Grade 3, part-time student: part-time students with grade 3 can study any qualification approved to meet the condition, on the way to a GCSE grade 9 to 4.
- Grade 2 or below: can study for a pass in Functional Skills level 2, or for GCSE grade 9 to 4. If they are not yet ready for level 2, a level 1 or entry level qualification may suit them better at the start of their programme.
- International GCSEs do not meet the condition, although they still count as prior attainment (section 4).
- Check that a qualification is approved and valid in Find a learning aim before enrolling the student (section 4.1).
Change of wording for 2026 to 2027
For 2026 to 2027 these are called level 1 and entry level qualifications (previously 'stepping stones'). DfE changed the name to avoid confusion with the new level 1 'progression to GCSE' stepping stone qualifications that are being developed. The rule itself has not changed (section 1).
Institutions must be able to show progression. A student usually studies at a higher level than they already hold; where they study at the same level, the institution must record why that is the best choice and how it supports progress towards level 2 (section 2.9).
Teaching hours and qualifying period
The minimum planned teaching hours a year for each subject depend on the student's funding band (table 3): Band 5 (580+ hours) 100 hours; Bands 4a (full-time students aged 18 and over, 485+ hours) and 4b (485 to 579 hours) 84 hours; Band 3 (385 to 484 hours) 66 hours; Bands 2 and 1 (up to 384 hours) 52 hours. They must be delivered as stand-alone, whole-class, face-to-face teaching (section 2.3). DfE also encourages an extra 35 hours of maths teaching in 2026 to 2027, but does not measure compliance with it (section 2.4).
Students with an EHC plan are an exception to the delivery mode: they can receive the minimum hours through flexible methods, such as small-group or embedded learning, and still meet the condition (section 2.7). Face-to-face support is still encouraged where possible.
A maths or English qualification counts only once the student has passed its qualifying period: 6 weeks for a qualification planned to last 24 weeks or more, and 2 weeks for a shorter one. A student who leaves after the qualifying period still meets the condition (section 5).
If a student achieves level 2 during the year, do not change their record or reduce their planned hours. Replace the timetabled maths or English hours with other activity, such as work experience or pastoral support. See the recording planned hours section of DfE's 16 to 19 funding rules for when planned hours can change (section 9.2).
Exemptions and how to record them
There are two exemptions: students with an EHC plan who are assessed as not able to study towards any approved qualification (decided case by case and authorised by an appropriate professional), and students with overseas qualifications confirmed by UK ENIC as equivalent to GCSE grade 4 or above. Exempt students do not count towards the tolerance. Keep evidence of every exemption decision (section 2.8).
On the ILR, record exemptions and prior attainment with the Learner FAM codes ECF (English) and MCF (maths): 1 for the learning difficulty exemption, 2 for an equivalent overseas qualification, 3 for an equivalent UK qualification, and 4 where the student is studying the qualification at another institution through collaboration. School sixth forms record the same information in the school census with the letter codes L, O and U (there is no census code for collaboration; schools submit a business case instead). DfE says institutions must record exemptions in their data returns so that funding is not withdrawn (section 9.3, table 7).
Funding impact
DfE allows a tolerance of 2.5%: the value of non-compliant students, measured at the national rate for each student's funding band, as a percentage of the value of all students (section 2.5). A student counts as non-compliant if their planned maths or English hours are below the minimum, if the teaching is not stand-alone, whole-class and face to face, or if the qualification is not eligible (section 9). Where non-compliance is above the tolerance, DfE reduces funding by half the national funding rate for the value above 2.5%. There is a 2-year lag: 2026 to 2027 data affects 2028 to 2029 allocations (section 10, table 8). This is why it is checked carefully in funding monitoring. Students excluded under the tolerance should still be offered maths and English at an appropriate level (section 2.5).
Indicative summary only. Always confirm against the official source documents before making funding or compliance decisions.
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