Simon Osborne

  • 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.

  • Universal credit: expansion to new areas and to couples

    Issue 241 (August 2014)
    article

    Recent rule changes have made a number of changes to the universal credit (UC) rules. The changes include an expansion of the UC areas in north west England, and the introduction of the possibility of new claims from couples. Simon Osborne explains.

  • Recent WCA caselaw

    Issue 239 (April 2014)
    article

    Simon Osborne reviews some important recent caselaw about the work capability assessment (WCA).

  • Walking, wheelchairs and the WCA

    Issue 237 (December 2013)
    article

    Simon Osborne describes a current split in the caselaw on the question of whether someone’s ability to ‘mobilise’ with a manual wheelchair refers only to functional limitations, or to wider personal factors such as the ability to store the chair. The split will hopefully be resolved in a forthcoming decision of a three-judge panel of the Upper Tribunal.

  • New appeals rules and procedures

    Issue 235 (August 2013)
    article

    New rules about appeal rights and making appeals against benefit decisions are due for widespread implementation from 28 October. Simon Osborne describes what is happening.

  • Welfare reform in 2013

    Issue 233 (April 2013)
    article

    2013 is a landmark year in welfare reform. Simon Osborne outlines the main changes.