WIA Disability Benefit (WIA-Uitkering) in the Netherlands
The Wet werk en inkomen naar arbeidsvermogen (WIA) is the Dutch statutory disability insurance scheme that comes into play after the two-year sick leave period. When an employee remains unable to work fully at the end of 104 weeks and has lost at least 35% of their earning capacity, they may apply to the UWV for a WIA benefit. The WIA replaces the earlier WAO (Wet op de arbeidsongeschiktheidsverzekering) for employees who became ill after 1 January 2004.
The WIA contains two distinct components, and the benefit received depends on the degree and expected permanence of the incapacity:
- IVA (Inkomensvoorziening Volledig Arbeidsongeschikten): For employees who are permanently and fully incapacitated (more than 80% loss of earning capacity with no realistic prospect of recovery). The benefit is 75% of the last-earned daily wage up to the maximum.
- WGA (Werkhervatting Gedeeltelijk Arbeidsgeschikten): For employees who are partially incapacitated (35-80% loss of earning capacity) or fully incapacitated but with a prospect of partial recovery. The benefit structure is more complex, combining a wage-related component and a follow-up benefit based on minimum wage.
The WIA Assessment
The UWV assesses the employee's residual earning capacity by comparing what the employee can still earn in theoretical suitable jobs (based on a Functionele Mogelijkhedenlijst, FML) with what they earned before illness. The assessment is performed by a UWV verzekeringsarts (insurance doctor) and an arbeidsdeskundige (labour expert). Employees and employers may contest a WIA decision by filing an objection (bezwaar) within six weeks, followed by an appeal to the administrative court if necessary.
Employers bear a financial stake in the WIA: under the gedifferentieerde premie WGA, employers who are not self-insured pay differentiated premiums based on the inflow of former employees into the WGA. Large employers may choose to become self-insured (eigenrisicodrager). For related employment law questions, see the two-year sick leave rule, reintegration obligations, and dismissal of an ill employee. Consult an employment lawyer in the Netherlands for advice on the transition from employment to WIA.
Workers on disability benefits fell from approximately 1,000,000 in 2002 to 818,000 in 2012, following privatisation of the sickness scheme and the introduction of financial incentives in the disability regime that directly confronted employers with the costs of their conduct. The WIA replaced the WAO, deliberately narrowing access to full disability benefits and placing greater emphasis on residual capacity to work, as part of a policy to retain partially ill and disabled workers in employment rather than routing them into benefit schemes.