The legal specialists of De Unie assist you during various differences of opinion and conflicts in the workplace. To make it clearer what exactly you can do with us, we highlight a true situation every month. We describe the member's question, tell us what De Unie has done to resolve the situation and share the outcome. In this edition: the UWV refuses an application for WIA benefit, even though you are entitled to it.
The problem
Our member has unemployment benefits, but becomes ill. This entitles him to a Sickness Benefits Act benefit. He will not receive this, because he already receives a pension benefit that is higher than the benefit: the so-called 'anti-cumulation rules' state that you cannot receive both. After 104 weeks of illness, he appeals to the Work and Income according to Income Act (WIA) and applies for a WIA benefit. The UWV refuses this because the member has not received Sickness Benefits Act benefits for the entire period.
The principle
It is true that you cannot receive undiminished pension and ZW benefits at the same time. But this is possible with a pension benefit and WIA benefit. And you are eligible for such a WIA benefit if you have been ill for two years under the Sickness Benefits Act - even if you have not received the corresponding benefit.
This has De Unie done
Initially, the member contacted us when he was denied Sickness Benefit. We said: that's right, those are the rules. But because he had been ill for almost two years, we advised him to apply for WIA benefits. When that request was rejected, we filed an objection with the UWV on behalf of the member. We showed that the member has indeed been ill for two years, and therefore meets the first condition for a WIA benefit. We also supported and advised the member throughout this entire process, for example when he received a call from the UWV for a medical assessment.
Solution
Ultimately, the UWV decided to grant the WIA benefit to the member. So he 'just' received the benefit he was entitled to, in addition to his pension benefit.
Need help from our legal specialists?
Not every situation is the same. Please contact us immediately: our legal specialists will be happy to assist you. For example, if you do not receive employment conditions, even though you are entitled to them. Our Service Center can be reached every working day from 8.30:17.00 AM to XNUMX:XNUMX PM sc@unie.nl and 0345 851 963.
