Permanent Incapacity for Work in Utrecht

Permanent Incapacity for Work in Utrecht

Permanent incapacity for work means that a Utrecht resident can no longer work permanently due to illness or a disability, with no prospect of recovery within five years. This typically results in an IVA benefit from the UWV. In this article for people in Utrecht, we explain what it means, how the assessment process works, and your rights, including local support options.

What does permanent incapacity for work mean for Utrecht residents?

Permanent incapacity for work is a term from social security legislation. After two years of illness – the period of continued pay and waiting time for the WIA – the UWV assesses whether the incapacity is lasting and will not improve in the foreseeable future.

Under the Work and Income according to Labour Capacity Act (WIA), you qualify as permanently incapacitated for work if:

• The incapacity exceeds 65% (fully and permanently);
• Recovery is not expected within five years;
• You are younger than retirement age.

This differs from temporary incapacity, where reintegration or part-time work remains feasible. In permanent cases, the Income Provision for Fully Disabled Persons (IVA) follows: a lifelong benefit at 75% of your former salary.

Legal basis

The WIA forms the core of permanent incapacity for work. Key provisions include:

• Article 4(2) WIA: Defines 'fully and permanently unfit for work' as permanently less than 65% earning capacity with no improvement on the horizon.
• Article 47 WIA: Establishes the IVA benefit for qualifying cases.
• Articles 39-43 WIA: Describe the UWV assessment, including Sickness Benefits and disability evaluation (ZWA).

The UWV relies on medical and occupational reports. You can object to decisions and appeal to the District Court of Utrecht, in accordance with the General Administrative Law Act (Awb), Article 7:1 et seq.

How does the UWV assess permanent incapacity for work?

After two years of illness, the UWV sends an invitation for the Sickness Benefits and Disability Assessment (ZWA). The process includes:

1. Medical assessment: An insurance physician analyzes symptoms, treatments, and prospects. Permanence applies if recovery chances are less than 5% within five years.
2. Occupational evaluation: Calculation of reference salary and remaining capacity. If less than 35% capacity, the UWV approves IVA.
3. Periodic review: Every 1-5 years, except in cases of established structural permanence.

The process usually takes 8-14 weeks. Failure to cooperate may result in sanctions, such as a benefit reduction.

Difference between permanent and temporary incapacity

This distinction determines your benefit type. Overview:

Read more about the IVA benefit and WGA benefit.

Practical examples from Utrecht

Example 1: Ms. Jansen (45) from Utrecht-Noord with MS. No work possible despite therapies. UWV grants IVA: 75% of €2,500 = €1,875 net per month, lifelong.

Example 2: Mr. De Vries (52) from Kanaleneiland with spinal cord injury after accident. Fully wheelchair-dependent, IVA after ZWA.

Example 3: Burnout patient from Utrecht: WGA if recovery within two years, but chronic depression with high risk may lead to IVA.

Medical prognosis is decisive here.

Your rights and obligations in Utrecht

Rights:

• Lifelong IVA (Article 47 WIA).
• Objection within six weeks against UWV decision.
• Appeal to District Court of Utrecht; free assistance via Het Juridisch Loket Utrecht.
• Supplementary support such as Wmo via the Municipality of Utrecht.

Obligations:

• Attend assessments.
• Report changes (work, abroad).
• Avoid fraud: fines up to 100% of benefit.

Frequently asked questions

Tips for Utrecht residents

Boost your chances of permanent incapacity for work:

• Document everything: Gather medical records and specialist letters.
• Seek local help: Contact Het Juridisch Loket Utrecht for free advice.
• Prepare for assessment: Practice questions with a lawyer.
• Report promptly: For Wmo support from the Municipality of Utrecht.