What is the WIA?
The WIA (Work and Income according to Labour Capacity Act) provides a benefit to people who, after two years of illness, are still not fully able to work. This act is the successor to the Sickness Benefits Act and has two variants: WGA and IVA.
The two variants of WIA
| Type of benefit | Target group | Degree of disability |
|---|---|---|
| WGA | Partially fit for work | 35-80% or 80-100% (not permanent) |
| IVA | Fully and permanently unfit for work | 80-100% (no prospect of recovery) |
Conditions for a WIA benefit
- At least 2 years (104 weeks) ill
- Insured for WIA during this period
- At least 35% disabled for work
- Reintegration obligations have been fulfilled
WIA assessment process
How does the assessment work?
UWV specialists, such as an insurance physician and a labour expert, investigate:
- What you can still do and cannot do (functional limitations)
- Which jobs are still feasible (suitable employment)
- What your earning potential is (remaining earning capacity)
- The difference with your former income determines your degree of disability
How do you apply for WIA?
- Around week 88 you receive an application form from UWV
- Return it completed before week 93
- You are invited for an assessment
- UWV makes a decision before the end of the waiting period
What if I am less than 35% disabled for work?
If your degree of disability is less than 35%:
- You do not receive a WIA benefit
- You may be able to apply for a WW benefit
- Your employer must try to reassign you
What if I disagree with the decision?
Within 6 weeks you can lodge an objection with UWV. If that does not help, you can appeal to the District Court of The Hague.
Can my WIA benefit change?
Yes, UWV can carry out a reassessment periodically. If your situation changes, the benefit can be adjusted.
May I work with a WIA benefit?
Yes, especially with a WGA benefit, working is encouraged. You always retain more income than without work.
Frequently asked questions about WIA in Westland
How do I know if I am entitled to a WIA benefit?
If after 2 years (104 weeks) of illness you are still at least 35% disabled for work, you may qualify. UWV assesses this through a medical and labour expert assessment. You must have been insured during that period and have complied with reintegration obligations.
What is the difference between WGA and IVA?
WGA is intended for people who are partially (35-80%) or fully but temporarily (80-100%) disabled for work. IVA applies to those who are fully and permanently disabled for work (80-100%) with no prospect of recovery. WGA encourages working, while IVA provides a stable benefit.
How does the WIA assessment work?
The assessment includes a medical examination by an insurance physician and a labour expert investigation. The physician looks at your limitations, the expert at suitable work and your possible earnings. The difference with your old salary determines your degree of disability.
What if I am less than 35% disabled for work?
If less than 35% disabled for work, you do not receive a WIA benefit. You may be able to apply for WW if unemployed. Your employer must try to reassign you to suitable work.
Contact and support in Westland
For legal assistance with WIA matters, you can go to the Juridisch Loket Westland. For appeal procedures, Westland falls under the District Court of The Hague.