Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Assistance - Jobseeker support

21: What is work gap

You could also call this:

“A work gap is when you can't work as much as usual because you're sick or hurt”

You have a work gap if you’re not working full-time or if you’re working but earning less because you’re sick or hurt. For example, you might not be working at all or working fewer hours than usual.

If you’re sick or hurt and someone else is doing your job, you can count the money paid to that person as money you’ve lost.

Even if you’re working full-time for a short time, you might still have a work gap. This can happen if you’re getting jobseeker support at certain rates and your income from work and other sources, when looked at over a year, is less than what would stop you from getting jobseeker support.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783146.

Topics:
Work and jobs > Worker rights
Health and wellbeing > Healthcare services
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“Rules for getting help when you're looking for a job”

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22: When person is available for work, or

“When the law considers you ready and able to work”

Part 2 Assistance
Jobseeker support

21What is work gap

  1. A person (P) has a work gap if—

  2. P is not in full-time employment; or
    1. P is in employment but is losing earnings through a health condition or injury (for example, is not working at all or is working reduced hours).

      1. For the purposes of subsection (1)(b), P may treat as a loss of P’s earnings a payment made to any other person who acts as P’s substitute during the period of P’s health condition or injury.

      2. Despite subsection (1)(a), P still has a work gap if—

      3. P is receiving jobseeker support at the rate in clause 1(c), (e), or (f) of Part 1 of Schedule 4; and
        1. during a temporary period, P engages in full-time employment; and
          1. the income from that employment and P’s other income (if any) when calculated over a 52-week period is less than the amount that would, under the appropriate income test, reduce the applicable rate of jobseeker support to zero.

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