Permanent Incapacity for Work for Delft Residents

Permanent Incapacity for Work in Delft

Permanent incapacity for work refers to a situation in which a Delft resident is permanently unable to work due to illness or impairment, with no recovery expected within five years. This often results in an IVA benefit from the UWV. Specifically for Delft residents, we explain what this means, how it is assessed, and what rights you have in the region.

What Does Permanent Incapacity for Work Mean in Delft?

Permanent incapacity for work is a term from social security legislation. After two years of illness – the phase of continued pay and waiting period for the WIA – the UWV evaluates whether the incapacity is lasting and will not improve within an acceptable timeframe.

Under the Work and Income According to Labour Capacity Act (WIA), this applies when:

• The incapacity exceeds 65% (fully and permanent);
• Recovery is not expected within five years;
• The person is under 65 years old (pension age).

Unlike temporary incapacity, where reintegration or part-time work is feasible, permanent incapacity qualifies for the Income Provision for Fully and Permanently Disabled Persons (IVA): a lifelong benefit at 75% of previous earnings.

Legal Basis

The WIA forms the core of permanent incapacity for work. Key provisions include:

• Article 4(2) WIA: Defines 'fully and permanently unfit for work' as someone who is permanently unable to earn at least 65% of their salary without prospect of improvement.
• Article 47 WIA: Establishes the IVA benefit for such cases.
• Articles 39-43 WIA: Govern the UWV assessment, including Sickness Benefits and disability evaluation (ZWA).

The UWV relies on medical and occupational reports. You can object to decisions and appeal to the District Court of The Hague, in accordance with the General Administrative Law Act (Awb), Article 7:1 et seq.

How Does the UWV Assess Permanent Incapacity for Work?

After two years of illness, the UWV sends an invitation for the Sickness Benefits and Disability Assessment (ZWA). The process involves:

1. Medical assessment: An insurance physician reviews complaints, treatments, and prognosis. Permanence applies if recovery chance is less than 5% within five years.
2. Occupational assessment: Calculation of reference salary and residual capacity. IVA follows if residual capacity is less than 35%.
3. Periodic review: Every 1-5 years, except for confirmed permanent conditions.

The process typically takes 8-14 weeks. Cooperation is mandatory, or sanctions such as benefit reductions apply.

Difference Between Permanent and Temporary Incapacity

This distinction determines your benefit. Overview:

Read more about IVA benefit and WGA benefit.

Practical Examples from Delft Practice

Example 1: Mrs. Jansen (45) from Delft with MS. Unemployable despite therapies. No improvement expected: IVA granted at 75% of €2,500 = €1,875 net monthly, lifelong.

Example 2: Mr. De Vries (52) from Delft with spinal cord injury after accident. Fully wheelchair-dependent: IVA after ZWA.

Example 3: Burnout patient: WGA if recovery within two years, but chronic depression with risks may lead to IVA.

Medical prognoses are decisive.

Rights and Obligations for Delft Residents

Rights:

• Lifelong IVA (Article 47 WIA).
• Objection within six weeks against UWV decision.
• Appeal to District Court of The Hague; free assistance via Juridisch Loket Delft.
• Supplementary support such as allowances or Wmo via Municipality of Delft.

Obligations:

• Attend assessments.
• Report changes (work, abroad).
• Avoid fraud: fines up to 100% of benefit.

Frequently Asked Questions

Tips for Delft Residents

Boost your chances for permanent incapacity for work:

• Gather medical records from Delft specialists.
• Consult Juridisch Loket Delft for preparation.
• Report timely to Municipality of Delft for Wmo support.
• Consider legal aid for objections.