UWV measures for WIA

The UWV has introduced two important measures for the WIA. The first measure, 'Practical Assessment', is a temporary measure concerning the method of assessment, the second is a measure for calculating the WIA daily wage.   

1. Practical Assessment

From 1 July 2024 to 1 July 2027, the temporary measure 'Practical Assessment' will apply to WIA assessments. The measure was introduced to relieve insurance physicians and to reduce backlogs. A practical assessment or estimate looks at the actual income from work that the sick employee receives after two years of illness (104 weeks). This practical estimate replaces the theoretical estimate*, which estimates what an employee can theoretically still earn.

A practical estimate is only appropriate if:

• The employee actually performs the work.
• The work is appropriate to the employee's strengths and skills.
• The work is generally accepted (not contrary to public order and morality).
• The income is representative of the employee's remaining earning capacity (an applicable collective labor agreement can be considered).
• There is a sufficiently determinable income. In the case of a highly variable work pattern, a longer period may be needed to establish a stable income. If this is not possible, no practical estimate can be made.

The UWV occupational expert will examine whether all criteria has been satisfied.

Please note: You do not need an employment contract for the practical estimate.

When is a practical estimate necessary?

If the date on which you have been reported sick for two years is after July 1, 2024, a practical estimate will be made.

How does the practical estimate work? 

• The WIA application is submitted and assessed by an occupational expert. If there is a possibility of a new contract with the current employer in an adjusted function or hours, the occupational expert will contact the employer and employee to further inquire about these possibilities.
• The occupational expert then consults with the insurance physician. The insurance physician assesses whether the employee is capable of performing the work he performs and whether the work does not exceed the capacity. The insurance physician does not need to draw up an FML, which saves a lot of time.
• If the insurance physician sees no obstacles, a practical assessment will be made based on actual merits.
• If the insurance physician has any doubts, the patient can always be invited for a regular assessment.*

Points of attention

It is important that the work performed is appropriate and that no more work is done than is realistically feasible. By working more than is sensible given the health situation, it can happen that more than 65% of the wage value is earned, which means that there is no right to a WIA benefit.

Please note: a Gatekeeper test will still be performed after two years of illness. This will assess whether the employer has made sufficient reintegration efforts. A wage sanction can still be imposed, which will extend the right to continued payment of wages.

60-plus scheme

For those aged 60 and over, a simplified assessment applies. If this coincides with the practical assessment, the 60-plus scheme takes precedence. The 60-plus scheme means that an employee who reaches the two-year term of illness between 1 October 2022 and 1 January 2025 is entitled to a WGA 80-100 benefit until his AOW age. In this case, both the employee and the employer must agree to this.

* In a regular assessment, both a practical estimate and a theoretical estimate are made. The estimate that involves the lowest degree of disability (usually the practical estimate) is taken as the starting point.

Calculate WIA daily wage

For the WIA daily wage, the social insurance wage (sv-wage) is taken into account. This is the wage on which employee insurance premiums are levied. This does not have to be equal to the gross wage. To calculate the WIA daily wage, the sv-wage of the year prior to the moment an employee became ill (the reference year) is taken and divided by 261.

Wageless period

If there is a period without pay because someone has not worked for a certain period in that reference year, the number of pay days is not reduced proportionally when determining the WIA daily wage. On 30 July 2024, the Central Appeals Tribunal issued rulings on the determination of the amount of WIA benefits based on the daily wage. Periods without pay must be disregarded in this regard; they may therefore not be included. This means that the wage in the reference year must not be divided by 261 days, but by a lower number. In this way, the daily wage is calculated in the same way as under the Sickness Benefits Act and the WW.

For who?

For employees who are entitled to a WIA benefit after 30 July 2024, the UWV will take these unpaid periods into account when calculating the benefit. It is not yet known how the UWV will deal with employees who already receive a WIA benefit and for whom unpaid periods have not been taken into account. The starting point is that everyone gets what they are entitled to. This has consequences for matters such as allowances and the like. The UWV has indicated on its website that it will enter into discussions with employees about this.

Tip: submit a request for review to the UWV regarding the determination of the daily wage and refer to the decisions of the Central Appeals Tribunal of 30 July 2024 (CRvB 30 July 2024, ECLI:NL:CRVB:2024:1523, ECLI:NL:CRVB:2024:1524 and ECLI:NL:CRVB2024:1525).

Questions?

Matters concerning the WIA are quite complicated and depend on your personal situation. C-support provides customization. If you have questions about the WIA or other questions about work and income, please contact your aftercare advisor.