Permanent Incapacity for Work in Amsterdam

Permanent Incapacity for Work in Amsterdam

Permanent incapacity for work means that a resident of Amsterdam can no longer work permanently due to illness or a disability, with no recovery expected within five years. This often results in an IVA benefit from the UWV. In this article for Amsterdammers, we explain exactly what it entails, how the assessment process works, and what rights you have, including local support options.

What does permanent incapacity for work mean for Amsterdammers?

Permanent incapacity for work is a term from social security legislation. After two years of illness – the period of continued pay and waiting time for the WIA – the UWV assesses whether the incapacity is lasting and not expected to improve in the foreseeable future.

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

• The incapacity exceeds 65% (fully unfit for work);
• No recovery is expected within five years;
• The person is under AOW pension age.

Unlike temporary incapacity, where reintegration into Amsterdam jobs may still be possible, this leads to the Income Provision for Fully and Permanently Disabled Persons (IVA): a lifelong benefit at 75% of previous salary.

Legal basis

The WIA forms the core for permanent incapacity for work in Amsterdam. Key provisions:

• Article 4(2) WIA: Defines 'fully and permanently unfit for work' as someone who permanently earns less than 35% of the reference wage without prospect of improvement.
• Article 47 WIA: Establishes the IVA benefit for those fully and permanently unfit for work.
• Articles 39-43 WIA: Govern the UWV assessment, including Sickness Benefits and disability evaluation (ZWA).

The UWV relies on medical and labour expert reports. You can object to decisions and appeal to the Amsterdam District Court under 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 includes:

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

The process typically takes 8-14 weeks. Failure to cooperate may result in sanctions on your benefit.

Difference between permanent and temporary incapacity

This distinction determines your income. Comparison:

Read more about IVA and WGA.

Practical examples from Amsterdam

Example 1: Ms. Jansen (45) from Amsterdam-South has MS. Working is impossible despite therapies. UWV approves IVA: 75% of €2,500 = €1,875 net monthly, lifelong.

Example 2: Mr. De Vries (52) from Amsterdam-North suffers paraplegia after a fall. Fully wheelchair-dependent: IVA after ZWA.

Example 3: Burnout in Amsterdam's vibrant job market: rapid prognosis leads to WGA, but chronic depression with risks can result in IVA.

The medical prognosis is decisive.

Rights and obligations for Amsterdammers

Rights:

• Lifelong IVA (Article 47 WIA).
• Objection within 6 weeks at UWV.
• Appeal to Amsterdam District Court; free advice via Amsterdam Legal Aid Office.
• Supplementary support such as Wmo via Municipality of Amsterdam.

Obligations:

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

Frequently asked questions

Tips for Amsterdammers

Boost your chances for permanent incapacity for work:

• Gather medical records from specialists at Amsterdam hospitals.
• Consult Amsterdam Legal Aid Office for preparation.
• Involve your GP for prognosis.
• Seek Wmo support from Municipality of Amsterdam.
• Consider legal expenses insurance.