WIA Benefit for Long-Term Work Incapacity in Leiden
The Work and Income According to Labour Capacity Act (WIA) provides financial support to employees who, after two years of illness, are still unable to work fully. This act, which replaced the old Disability Insurance Act (WAO), has two variants: the WGA and the IVA.
When Do You Qualify for a WIA Benefit?
You can apply for a WIA benefit if:
- You have been ill for at least 104 weeks (2 years)
- You are still at least 35% incapacitated for work
- You were employed at the time you became ill
- You have complied with your reintegration obligations
The Two Variants of the WIA
1. WGA (Return to Work Partially Disabled Persons)
The WGA scheme applies to people who:
- Are between 35% and 80% incapacitated for work, OR
- Are 80-100% incapacitated for work, but with prospects of improvement
2. IVA (Income Provision for Fully Disabled Persons)
The IVA scheme is intended for people who:
- Are 80-100% incapacitated for work
- Have little to no chance of recovery
Assessment by the UWV
The UWV determines your degree of incapacity for work through an assessment by:
Insurance Physician
This physician examines your medical situation and draws up a list of functional capabilities (FML).
Labour Expert
This expert analyses what work is still within your capabilities and calculates what you could still earn.
How Is the Degree of Incapacity for Work Percentage Calculated?
The percentage is determined by:
- Establishing your reference income (your income before the illness)
- Calculating your remaining earning capacity (what you can now still earn)
- The difference between these two gives your degree of incapacity for work percentage
Example of a Calculation
Reference income: €3,000 per month
Remaining earning capacity: €1,500 per month
Income loss: €1,500 = 50%
Degree of incapacity for work: 50%
Amount of the WGA Benefit
The WGA benefit has three different phases:
1. Wage-Related Benefit (LGU)
| Duration | Percentage of Daily Wage |
|---|---|
| First 2 months | 75% |
| Thereafter | 70% |
The duration of this phase depends on your employment history (maximum 24 months).
2. Wage Top-Up Benefit
If after the LGU you utilise at least 50% of your remaining earning capacity:
70% x (reference income - current income)
3. Follow-Up Benefit
If you earn less than 50% of your remaining earning capacity:
Degree of incapacity for work percentage x minimum wage
Amount of the IVA Benefit
The IVA benefit is 75% of your daily wage and continues until your state pension age. A maximum daily wage applies.
Overview of WIA Categories
| Category | Percentage Incapacity for Work | Scheme |
|---|---|---|
| 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 |
Application Procedure in Leiden
- Week 87: You receive a message from the UWV about the WIA application
- Week 88-93: You submit your application via Mijn UWV
- Week 93-104: The UWV conducts an assessment
- Week 104: Decision on your application and start of the benefit
Required Documentation
- 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 the UWV
The UWV may reassess you at set times to see if your situation has changed. If there is improvement, your benefit may be adjusted or terminated.
Objection and Appeal in Leiden
Do you disagree with the UWV's decision?
- Objection: Submit within 6 weeks to the UWV
- Appeal: Within 6 weeks to the District Court of The Hague, Leiden location
- Further appeal: To the Central Appeals Tribunal
What if You Are Less than 35% Incapacitated for Work?
If your degree of incapacity for work is below 35%, 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
- Social assistance benefit as a last resort
Legal Assistance in Leiden
For advice and support, you can contact:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46