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, cannot work fully. This act follows the Sickness Benefits Act and has two variants: WGA and IVA.
The two types of WIA benefits
| Type | Target group | Degree of disability percentage |
|---|---|---|
| WGA | Partially disabled | 35-80% or 80-100% (not permanent) |
| IVA | Fully and permanently disabled | 80-100% (no prospect of recovery) |
Conditions for a WIA benefit
- At least 104 weeks (2 years) ill
- Insured for the WIA during that period
- At least 35% disabled
- Reintegration obligations complied with
Assessment for WIA
How are you assessed?
An insurance physician and a labour expert from the UWV investigate:
- What you can still do and cannot do (functional limitations)
- What work is still feasible (suitable employment)
- What you can earn with that (remaining earning capacity)
- The difference with your former income determines your degree of disability percentage
Application procedure in Rijswijk
- Around week 88 you receive an application form from UWV
- Return it completed before week 93
- You are invited for an assessment
- UWV decides before the end of the waiting period
If you are less than 35% disabled
If the degree of disability is under 35%:
- You have no right to a WIA benefit
- You may be able to apply for a WW benefit
- Your employer must try to reassign you
What if I dispute the UWV decision?
Within 6 weeks you can lodge an objection with UWV. If necessary, you can then appeal to the District Court of The Hague.
Can my WIA benefit be adjusted?
Yes, 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 keep more than without work.
Frequently asked questions about WIA in Rijswijk
Am I eligible for a WIA benefit?
You qualify if after 2 years of illness you are still at least 35% disabled. UWV determines this via a medical and labour expert assessment. You must have been insured during that period and complied with reintegration obligations.
What distinguishes WGA from IVA?
WGA is for partial (35-80%) or full but temporary (80-100%) disability. 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 investigation. The physician looks at your limitations, the expert at suitable work and your earning capacity. The difference with your old salary determines your degree of disability.
What if I am less than 35% disabled?
Then you have no right to WIA. You may qualify for WW if unemployed. Your employer must consider reassignment to your old position or other work.
Help in Rijswijk
For legal support, you can go to the Rijswijk Legal Advice Centre. In disputes about your WIA benefit, you fall under the District Court of The Hague.