40.—(1) An award week in respect of which an individual fails to satisfy the requirement of regulation 5(2) (provision of care to a cared for person) is to be treated as an award week in respect of which that individual satisfies that requirement if—
(a)that individual has only temporarily ceased to satisfy it, and
(b)that individual has satisfied it for at least 14 weeks in the period of 26 weeks ending with that award week and would have satisfied it for at least 22 weeks in that period but for the fact that—
(i)that individual was undergoing medical or other treatment as an in-patient in a hospital or similar institution, or
(ii)the cared for person was undergoing medical or other treatment as an in-patient in a hospital or similar institution.
(2) Regulation 14 (earnings limit) does not apply to an individual in respect of an award week mentioned in paragraph (1).