WIA Benefit for Long-Term Work Incapacity in Westland
The Work and Income According to Labour Capacity Act (WIA) provides financial support for employees in Westland who, after two years of illness, are still unable to work fully. This act, which replaced the old Disability Insurance Act (WAO), includes two specific schemes: the WGA and the IVA.
When Do You Qualify for a WIA Benefit?
You may qualify for a WIA benefit if:
- You have been ill for at least 104 weeks (2 years)
- You are still at least 35% incapacitated for work
- You were employed at the time you became ill
- You have complied with your reintegration obligations
The Two Variants of the WIA
1. WGA (Return to Work Partially Disabled Persons)
The WGA scheme is intended for people who:
- Are between 35% and 80% incapacitated for work, OR
- Are between 80% and 100% incapacitated for work, but with prospects of recovery
2. IVA (Income Provision for Fully Disabled Persons)
The IVA scheme applies to people who:
- Are 80% to 100% incapacitated for work
- Have little to no chance of recovery
Assessment by the UWV
The UWV in Westland assesses your situation through an examination by:
Insurance Physician
This physician examines your medical limitations and prepares a Functional Capacity List (FML).
Labour Expert
This expert determines which jobs you can still perform and estimates your residual earning capacity.
How Is the Degree of Incapacity for Work Determined?
The percentage of incapacity for work is determined as follows:
- Determination of your reference wage (your income before the illness)
- Determination of your residual earning capacity (what you can now still earn)
- The difference between these two determines your percentage of incapacity for work
Example of Calculation
Reference wage: €3,000 per month
Residual earning capacity: €1,500 per month
Income loss: €1,500 = 50%
Degree of incapacity for work: 50%
Amount of the WGA Benefit
The WGA benefit has three different phases:
1. Wage-Related Benefit (LGU)
| Period | Percentage |
|---|---|
| First 2 months | 75% of your daily wage |
| Thereafter | 70% of your daily wage |
The duration of this benefit depends on your employment history (maximum 24 months).
2. Wage Top-Up Benefit
If after the LGU you earn at least 50% of your residual earning capacity:
70% x (reference wage - current income)
3. Follow-Up Benefit
If you earn less than 50% of your residual earning capacity:
Percentage of incapacity for work x minimum wage
Amount of the IVA Benefit
The IVA benefit amounts to 75% of your daily wage until your state pension age. A maximum daily wage applies.
Disability Classes
| Class | Percentage Incapacity for Work | Scheme |
|---|---|---|
| Less than 35% | 0-35% | No WIA |
| Class 35-45% | 35-45% | WGA |
| Class 45-55% | 45-55% | WGA |
| Class 55-65% | 55-65% | WGA |
| Class 65-80% | 65-80% | WGA |
| Class 80-100% | 80-100% | WGA or IVA |
How Do You Apply for a WIA Benefit?
- Week 87: You receive a message from the UWV about the WIA application
- Week 88-93: You submit your application via Mijn UWV
- Week 93-104: The UWV conducts an examination
- Week 104: You receive the decision and the benefit starts
Required Documentation
- Reintegration report (RIV)
- Analysis by the occupational physician
- Reintegration action plan
- Evaluation report
- Medical records
Obligations with a WGA Benefit
If you receive a WGA benefit, you must:
- Actively seek suitable work
- Accept suitable work
- Cooperate in reintegration programmes
- Report changes in your situation to the UWV
Reassessment by the UWV
The UWV may periodically carry out a reassessment to determine whether your situation has changed. In case of improvement, your benefit may be adjusted or terminated.
Objection and Appeal in Westland
Do you disagree with the UWV's decision?
- Objection: File an objection with the UWV within 6 weeks
- Appeal: File an appeal with the District Court of The Hague within 6 weeks
- Appeal on points of law: Possible at the Central Appeals Tribunal
What If You Are Less Than 35% Incapacitated for Work?
If you are less than 35% incapacitated for work, you will not receive a WIA benefit. Alternatives are:
- Return to your employer with adjusted duties
- Apply for a unemployment benefit (WW) upon termination of your contract
- Apply for a social assistance benefit as a last resort
Contact and Support in Westland
For legal assistance, you can go to the Juridisch Loket Westland. For cases that go to court, Westland falls under the District Court of The Hague.