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: the WGA and the IVA.
The Two Variants of the WIA
| Type of Scheme | Target Group | Degree of Disability |
|---|---|---|
| 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 under the WIA during this period
- At least 35% disabled
- Reintegration obligations have been fulfilled
The WIA Assessment Process
The Evaluation
An insurance physician and a labour expert from the UWV determine:
- What you can and cannot still do (functional capacities)
- What work fits with that (customary work)
- What you can earn with that (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
- Send it back completed before week 93
- You are invited for an assessment
- The UWV makes a decision before the end of the waiting period
What if You Are Less Than 35% Disabled?
If the degree of disability is less than 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 Disagree with the WIA Decision?
Within 6 weeks you can lodge an objection with the UWV. If necessary, you can then appeal to the District Court of The Hague, Leiden location.
Can My WIA Benefit Be Adjusted?
Yes, the UWV can carry out a reassessment periodically. In the event of changed circumstances, your benefit may be revised.
May I Work with a WIA Benefit?
Yes, with a WGA benefit, working is encouraged. You always retain more income than without work.
Frequently Asked Questions about WIA in Leiden
Am I Eligible for a WIA Benefit?
You qualify if after 2 years (104 weeks) of illness you are at least 35% disabled. The UWV assesses this through a medical and labour expert assessment. You must have been insured under the WIA during that period and have fulfilled reintegration obligations. Around week 88 you receive an application form from the UWV.
What Distinguishes WGA from IVA?
WGA is intended for partially disabled persons (35-80%) or fully but temporarily disabled persons (80-100%). IVA is for fully and permanently disabled persons with no prospect of recovery. WGA encourages working, while IVA provides a stable benefit without reassessments. The UWV decides which scheme applies to you.
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 abilities and limitations. The labour expert determines suitable work and your remaining earning capacity. The difference between your old and new earning potential determines your degree of disability.
What if I Am Less Than 35% Disabled?
Then you have no right to WIA. You may be able to apply for a WW benefit if unemployed. Your employer must check whether reassignment to your current or other work is possible. If that is not successful, dismissal may follow, provided it is in accordance with the law.
Local Information for Leiden
For legal support, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For appeal procedures, you can contact the District Court of The Hague, Leiden location.