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WIA Benefit for Long-Term Work Disability in Utrecht

The WIA benefit provides financial support to employees in Utrecht who are still disabled after two years of illness. Read more about the conditions, application procedure, and schemes such as WGA and IVA.

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WIA Benefit for Long-Term Work Disability in Utrecht

The Work and Income according to Labour Capacity Act (WIA) provides a financial safety net for employees in Utrecht and beyond who, after two years of illness, are still unable to work fully. This act, which replaced the old Disability Insurance Act (WAO), includes two schemes: WGA and IVA.

When Do You Qualify for a WIA Benefit?

You can apply for a WIA benefit if you meet the following conditions:

  • You have been ill for at least 104 weeks (2 years)
  • You are still at least 35% work disabled
  • You were employed when you became ill
  • You have complied with your reintegration obligations

The Two Main WIA Schemes

1. WGA (Return to Work Partially Disabled Persons)

The WGA scheme is intended for people who:

  • Are 35% to 80% work disabled, OR
  • Are 80% to 100% work disabled, but with prospects of recovery

2. IVA (Income Provision for Fully Disabled Persons)

The IVA scheme applies to people who:

  • Are 80-100% work disabled
  • Have little to no chance of recovery

Assessment by the UWV

The UWV in Utrecht conducts an assessment to determine your degree of work disability. This is done by:

Insurance Physician

This physician examines your medical situation and prepares an overview of your capabilities (Functional Capacity List, FML).

Labour Expert

This expert determines which tasks you can still perform and estimates your potential earnings.

How Is Your Work Disability Calculated?

Your work disability percentage is determined based on:

  1. Your reference income (your income before the illness)
  2. Your remaining earning capacity (what you could still earn)
  3. The difference between these two determines your work disability percentage

Example of Calculation

Reference income: €3,000 per month
Remaining earning capacity: €1,500 per month
Income loss: €1,500 = 50%
Work disability percentage: 50%

Amount of the WGA Benefit

The WGA benefit has three different phases:

1. Wage-Related Benefit (LGU)

PeriodPercentage
First 2 months75% of your daily wage
Thereafter70% of your daily wage

The duration of this phase depends on your employment history, with a maximum of 24 months.

2. Wage-Topping Benefit

If after the LGU you utilise at least 50% of your remaining earning capacity, you receive:
70% x (reference income - current income)

3. Follow-Up Benefit

If you earn less than 50% of your remaining earning capacity, you receive:
Work disability percentage x minimum wage

Amount of the IVA Benefit

The IVA benefit is set at 75% of your daily wage and continues until your state pension age. A maximum daily wage applies.

Overview of WIA Categories

CategoryWork Disability PercentageScheme
Less than 35%0-35%No WIA
35-45%35-45%WGA
45-55%45-55%WGA
55-65%55-65%WGA
65-80%65-80%WGA
80-100%80-100%WGA or IVA

How Do You Apply for WIA?

  1. Week 87: You receive a message from the UWV about your WIA application
  2. Week 88-93: You submit your application via Mijn UWV
  3. Week 93-104: UWV conducts an assessment
  4. Week 104: You receive the decision and the benefit starts

Documents for the Application

  • 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 UWV

The UWV may reassess you periodically. If your situation has improved, your benefit may be adjusted or terminated.

Objection and Appeal in Utrecht

Disagree with the UWV decision? You can:

  • File an objection: Within 6 weeks with the UWV
  • Lodge an appeal: Within 6 weeks with the District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
  • Appeal to a higher court: With the Central Appeals Tribunal

What If You Are Less than 35% Work Disabled?

If you are declared less than 35% work disabled, you do not receive a WIA benefit. Alternatives are:

  • Return to your employer with adjusted duties
  • Apply for unemployment benefit (WW) upon termination of your contract
  • Apply for social assistance benefit as a last resort

Contact and Assistance in Utrecht

For legal support, you can go to the Juridisch Loket Utrecht, Catharijnesingel 55.