The legal specialists of De Unie You'll find yourself with complex questions about work, income, and benefits. To demonstrate exactly what we do, we'll share a practical example each time. This story involves someone who was legally entitled to a WIA benefit, but was previously denied by the UWV (Employee Insurance Agency).
Join now, starting from €0
The problem
Our member was ill during a period in which he was already receiving unemployment benefits. As a result, he was later entitled on a Sickness Benefits Act benefitDue to the so-called anti-accumulation rules, he could not receive this Sickness Benefits Act benefit, because he was already receiving a pension benefit that was higher than the Sickness Benefits Act benefit.
After 104 weeks of illness he asked for a WIA benefit (Work and Income (Capacity for Work) Act) According to the rules, you can apply for this benefit if you have been ill for more than two years and are therefore unable to work (fully).
However, the UWV initially rejected his WIA application, arguing that he hadn't received a Sickness Benefits Act benefit for the entire period. However, according to the law, this isn't a determining factor for entitlement to WIA benefits.
The principle
It's true that you can't receive both an undiminished pension and a Sickness Benefits Act benefit at the same time. However, you can receive both a pension and a WIA benefit. This means that even if you don't receive a Sickness Benefits Act benefit, you can still meet the requirements for WIA if you've been sick for two years.
According to the rules of the WIA law, you are insured for this if you:
- Have been ill for at least 2 years (approximately 104 weeks), and
- You have been declared at least 35 percent incapacitated for work and you therefore cannot earn more than 65% of your previous salary.
This has De Unie done
The member contacted De Unie when his WIA application was rejected. Our lawyers investigated the situation and determined that the rejection was unjustified, because he had indeed been ill for two years, even though he had not received any Sickness Benefits Act benefits during that period.
On behalf of the member, De Unie We filed an objection with the UWV (Employee Insurance Agency). We stated that the first condition for WIA benefits – the two-year period of illness – had been more than met. De Unie supported the member throughout the entire process, including when the UWV sent an invitation for sent a medical assessment.
Solution
Ultimately, the UWV decided to grant our member the WIA benefit after all. This meant he received the benefits he was legally entitled to, in addition to his pension.
With this benefit he receives financial support now that he is (partially) incapacitated for work due to illness, as laid down in the rules of the Work and Income (Capacity for Work) Act.
Need help from our legal specialists?
Not every disability or benefit situation is the same. If you have questions about WIA rights, objection procedures, or individual issues with the UWV, please contact De UnieOur legal specialists are happy to help and assess your specific situation.
