Claim for SPC made October 03.

Wife of claimant starts work 1 December 03, receives first salary on 22 December 03.

Decision on entitlement made in February 04 (refusing entitlement on basis of failing HRT).

Both couple are under 65 so there is no assessed income period.

I am dealing with the HRT appeal. From the date the wife's earnings are attributable to the couple they will have no entitlement anyway.

For HB/CTB/IS etc the date earning are attributed to someone is the date on which they are dure to be paid (Reg 30 IS Regs for example).

I cannot find any such equivalent reg for SPC. I see they have dealt with the question where the matter is decided on supersession (Sch 3B to D&A Regs). However, this is not a case of supersession- the tribunal can give a decision from the date of claim right up until the date of decision of DWP, so theoretically could say entitled from 6 October until 21 December 03 (assuming income attributable from date on which it is paid rather than before).

Can anyone point me to a relevant reg of has whatever muppet drafted these regs simply forgotten to cater for the situation?

(sorry muppet if you read this- it is twisting my brain)