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 not fully able to work. This act is the successor to the Sickness Benefits Act and has two variants: the WGA and the IVA.
The two WIA schemes
| Type of Scheme | 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
- Ill for at least 104 weeks (2 years)
- Insured under the WIA during this period
- At least 35% disabled for work
- Complied with reintegration obligations
The WIA assessment process
The Evaluation
An insurance physician and a labour expert from the UWV investigate:
- Your remaining capabilities and limitations
- Which jobs are still feasible
- What you can still earn (remaining earning capacity)
- The difference with your former income determines your degree of disability
How do you apply for a WIA benefit?
- Around week 88 you receive an application form from the UWV
- Submit this form before week 93
- You will be invited for an assessment
- The UWV will make a decision before the end of the waiting period
What if you are less than 35% disabled for work?
If your degree of disability is less than 35%:
- You have no right to a WIA benefit
- You may be eligible for a WW benefit
- Your employer must try to reassign you
What if I disagree with the UWV's decision?
Within 6 weeks you can lodge an objection with the UWV. If necessary, you can then appeal to the court, such as Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.
Can my WIA benefit be adjusted?
Yes, the UWV can carry out a reassessment periodically. If your situation changes, the benefit can be revised.
May I work with 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 Utrecht
Am I eligible for a WIA benefit?
You qualify if after 2 years of illness you are at least 35% disabled for work. The UWV assesses this through a medical and labour expert assessment. You must have been insured under the WIA during that period and have complied with reintegration obligations.
What is the difference between WGA and IVA?
WGA is intended for partially (35-80%) or fully but temporarily (80-100%) disabled persons. IVA applies to fully and permanently disabled persons (80-100%) with no prospect of recovery. WGA encourages working, 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 determines your capabilities, while the expert assesses suitable work and earning capacity. The difference with your old salary determines your degree of disability.
What if I am less than 35% disabled for work?
Then you have no right to WIA. You may be able to apply for a WW benefit. Your employer must try to reassign you to suitable work. If this fails, dismissal may follow within the statutory framework.
Help in Utrecht
For legal support, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55. For objections or appeals, you can contact Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1.