2(1)The regulations may be framed so that, despite the criterion described in paragraph 1(1) not being fulfilled in relation to a given period, an individual may nevertheless be eligible in respect of that period.
(2)Where the regulations allow an individual to be eligible in respect of a period in relation to which the criterion described in paragraph 1(1) is not fulfilled, they must be framed so that the individual’s eligibility depends on the individual—
(a)having at some time provided care to another individual who has a disability, and
(b)as a result of doing so, having received—
(i)carer’s assistance,
(ii)carer’s allowance, or
(iii)invalid care allowance.
(3)In sub-paragraph (2)(b), “carer’s allowance” and “invalid care allowance” both mean an allowance payable under section 70 of the Social Security Contributions and Benefits Act 1992.