WIA: the law behind the benefit
The Work and Income according to Labour Capacity Act (WIA) governs benefits for employees who are still incapacitated for work after two years of illness. The WIA has two schemes: the WGA (Return to Work for Partially Disabled Persons) and the IVA (Income Provision for Fully Disabled Persons). Which scheme applies to you depends on your degree of incapacity for work.
WGA: partially or temporarily fully incapacitated
The WGA is intended for people who are 35% or more incapacitated for work but can still (partially) work, or for people who are fully but not permanently incapacitated. The WGA benefit consists of three phases:
- Wage-related benefit: the first phase, based on your last earned wage (70%). The duration depends on your employment history.
- Wage supplement: if, after the wage-related phase, you utilise more than 50% of your earning capacity.
- Follow-up benefit: if you utilise less than 50% of your earning capacity. This is based on the minimum wage.
IVA: fully and permanently incapacitated
The IVA is intended for people who are fully (80-100%) and permanently incapacitated for work. Permanently means there is little or no chance of recovery. The IVA benefit amounts to 75% of the last earned wage (up to the maximum daily wage) and continues until the state pension age. There are no reintegration obligations.
The difference matters
The difference between WGA and IVA is significant: the IVA offers a higher and more stable benefit without reintegration obligations. With the WGA, you are regularly reassessed and must cooperate with reintegration. If you believe you have been wrongly assigned a WGA benefit instead of IVA, you can file an objection with the UWV.
Objection and appeal
If you disagree with the WIA decision, you can file an objection within six weeks. Arslan Advocaten will assess your situation and assist you with objection and appeal procedures against the UWV to obtain the correct benefit.