Simon Osborne

  • PIP marches on

    Issue 248 (October 2015)
    article

    The DWP has announced the start of the next stage in the process of the transfer of current disability living allowance (DLA) claims to claims for personal independence allowance (PIP). Simon Osborne outlines the plans.

  • In the bag? Tribunals and less favourable decisions

    Issue 247 (August 2015)
    article

    Simon Osborne reviews some recent guidance offered in the caselaw about the ability of tribunals to make decisions more adverse to the appellant than the one under appeal.

  • ESA and ‘significant worsening’

    Issue 246 (June 2015)
    article

    Recent rule changes make it more difficult for claimants to get employment and support allowance (ESA) in payment straight away if they reclaim following failing the work capability assessment (WCA). One way to do so is on the basis that their health condition has ‘significantly worsened’. But what does that mean, and how will the DWP approach the matter? Simon Osborne explains.

  • ‘Passporting’ to maximum housing benefit

    Issue 246 (June 2015)
    article

    Simon Osborne reviews the rules under which housing benefit (HB) claimants can be ‘passported’ to maximum HB.

  • Mandatory reconsideration: another fine mess

    Issue 245 (April 2015)
    article

    Simon Osborne describes the latest mandatory reconsideration problems and solutions.

  • ESA and abolition of the ‘six month rule’

    Issue 245 (April 2015)
    article

    Simon Osborne describes important new rules which affect repeat claims for employment and support allowance (ESA) following failure of the work capability assessment, and entitlement to ESA pending appeal.

  • Statutory shared parental pay

    Issue 244 (February 2015)
    article

    Susan Mitchell and Simon Osborne outline the main rules on a new payment which, from April, will replace additional statutory paternity pay in England, Scotland and Wales.

  • Repeat WCAs following appeal: new guidance

    Issue 243 (December 2014)
    article

    The DWP has issued new guidance (Memo DMG 27/14) about repeat referrals for the work capability assessment (WCA), where the claimant has been successful in an appeal. As before, when a repeat WCA is to be applied is not a matter of law, and so is not in itself a potential subject of appeal to the First-tier Tribunal. However, the guidance, described here by Simon Osborne, provides some very useful pointers in advising claimants as to what they can expect.

  • Universal credit: get ready

    Issue 243 (December 2014)
    article

    With universal credit (UC) due to begin a significant nationwide expansion from February 2015, advisers should be ready for the main rules determining access to the UC system, and the main problems and challenges likely to arise for claimants. Simon Osborne and David Simmons explain.

  • Overpayments and official error

    Issue 242 (October 2014)
    article

    Simon Osborne reviews rules on the relationship between benefit overpayment recovery and official error, with reference to some recent decisions from the Upper Tribunal.