What is the WIA?
The WIA (Work and Income according to Labour Capacity Act) provides a benefit for people who, after two years of illness, cannot work fully. This act follows the Sickness Benefits Act and has two variants: WGA and IVA.
Overview of WIA schemes
| Type | Target group | Degree of disability |
|---|---|---|
| WGA | Partially disabled for work | 35-80% or 80-100% (not permanent) |
| IVA | Fully and permanently disabled for work | 80-100% (no prospect of recovery) |
Conditions for a WIA benefit
- At least 104 weeks (2 years) ill
- Insured for WIA during this period
- At least 35% disabled for work
- Complied with reintegration obligations
WIA assessment process
The Assessment
UWV specialists, including an insurance physician and a labour expert, assess:
- Your remaining capacities and limitations
- What type of work is still feasible
- Your potential earning capacity
- The difference with your previous income determines your degree of disability
Steps for application in Zoetermeer
- Around week 88 you receive an application form from UWV
- Submit this form before week 93
- You are invited for an assessment
- UWV decides before the end of the waiting period
What if you are less than 35% disabled for work?
In case of a disability of less than 35%:
- No entitlement to WIA benefit
- Possibly entitled to a WW benefit
- Your employer must consider redeployment
Disagree with the UWV decision?
Within 6 weeks you can file an objection with UWV. If necessary, you can then appeal to the District Court of The Hague.
Can my WIA benefit change?
Yes, UWV can carry out a reassessment periodically. In case of changed circumstances, your benefit may be adjusted.
Is it possible to work alongside a WIA benefit?
Yes, especially with a WGA benefit, working is encouraged. You always earn more with work than without.
Frequently asked questions about WIA in Zoetermeer
Am I eligible for a WIA benefit?
You may be eligible if after 2 years of illness you are at least 35% disabled for work. UWV conducts a medical and labour expert assessment. You must have been insured for WIA during the illness period and have complied with reintegration obligations.
What distinguishes WGA from IVA?
WGA is for partially (35-80%) or temporarily fully (80-100%) disabled persons. IVA is for permanently fully disabled persons (80-100%) without 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 examination. The physician looks at your capacities, the expert at suitable work and earning capacity. The difference with your old salary determines your degree of disability percentage.
What if I am less than 35% disabled for work?
Then you have no right to WIA. You may be able to apply for WW if unemployed. Your employer must consider redeployment in suitable work. If that is not possible, dismissal may follow within the statutory framework.
Contact and support in Zoetermeer
For legal assistance, you can go to the Juridisch Loket Zoetermeer. In disputes over WIA decisions, your case falls under the District Court of The Hague.