Permanent Incapacity for Work
Permanent incapacity for work means that a Rotterdam resident is permanently unable to work due to illness or a disability, with no prospect of recovery in the next five years. This can result in an IVA benefit from the UWV. In this article for Rotterdam residents, we explain what it entails, how the assessment works, and your rights, including local support through the Rotterdam Legal Aid Office.
What is permanent incapacity for work?
This term comes from social security legislation and applies to Rotterdam employees who, after two years of illness – the phase of continued salary payment and waiting period for the WIA – are still unable to work. The UWV determines whether the incapacity is 'permanent': lasting and not recoverable in the short term.
Under the Work and Income (Capacity for Work) Act (WIA), you qualify for permanent incapacity for work if:
- The incapacity exceeds 65% (full and permanent);
- Recovery is not expected within five years;
- You are younger than AOW pension age.
Unlike temporary cases, where reintegration or part-time work may still be possible, this entitles you to the Income Provision for Fully Disabled Persons (IVA): a lifelong benefit at 75% of your former salary.
Legal basis
The foundation is the WIA. Key provisions include:
- Article 4(2) WIA: Definition of 'fully and permanently incapacitated for work' – a person who permanently earns less than 65% of their salary with no chance of improvement.
- Article 47 WIA: IVA benefit for those fully and permanently incapacitated.
- Articles 39-43 WIA: UWV assessment procedure, including Sickness Benefits and labour expert review.
The UWV draws on medical and labour expertise. You can object to a decision and appeal to the District Court of Rotterdam, in line with the General Administrative Law Act (Awb).
How does the UWV assess permanent incapacity for work?
After two years of illness, the UWV invites you for a Sickness Benefits and Disability Assessment (ZWA). The process includes:
- Medical assessment: Insurance physician evaluates symptoms, treatments, and prospects. Permanence applies if recovery chance is less than 5% in five years.
- Labour expert review: Calculation of residual earning capacity. Below 35% leads to IVA.
- Periodic review: Every 1-5 years, except for confirmed permanent conditions.
The process typically takes 8-14 weeks. Failure to cooperate may result in a benefit reduction. Rotterdam residents can turn to the Rotterdam Legal Aid Office with questions.
Difference between permanent and temporary incapacity for work
This distinction determines your income. Overview:
| Aspect | Permanent (IVA) | Temporary (WGA) |
|---|---|---|
| Incapacity | >65% permanent (no recovery >5 years) | 35-65% or temporary |
| Benefit | 75% salary, lifelong | 70% or supplemental, temporary |
| Reintegration | Minimal | Active job search |
| Reassessment | Rare | Regular |
Real-life examples from Rotterdam
Example 1: Ms. Van Dijk (48), a port worker from Rotterdam-South with MS. No work possible after therapies. UWV approves IVA: 75% of €2,800 = approx. €2,100 gross per month, lifelong.
Example 2: Mr. Bakker (50), truck driver with spinal cord injury after an accident in the city. Fully wheelchair-dependent, IVA after ZWA.
Example 3: Burnout in a Rotterdam civil servant: rapid prognosis leads to WGA, but chronic variant with high risks can result in IVA.
Medical prognoses are decisive here.
Your rights and obligations
Rights:
- Lifelong IVA (art. 47 WIA).
- Objection within six weeks at UWV.
- Appeal to District Court of Rotterdam; free advice via Rotterdam Legal Aid Office.
- Additional support like Wmo via Municipality of Rotterdam.
Obligations:
- Attend assessments.
- Report changes (work, abroad).
- Avoid fraud: fines up to 100%.
Frequently asked questions
Can I work while on IVA?
No, working is prohibited. Exceptionally small jobs (max. 4 hours/week) after notifying UWV, otherwise benefit stops.
Disagree with UWV? What next?
Object within six weeks, with medical statements. Then appeal to District Court of Rotterdam. Success rate ca. 30-40% with help from Legal Aid Office. See UWV objection.
How long to wait for IVA decision?
8-14 weeks after ZWA; longer if busy. Request continued salary payment extension from employer.
Special rules for 55+?
No for IVA; WGA sometimes has benefits for older workers.
Tips for Rotterdam residents
Boost your chances for permanent incapacity for work:
- Document everything: Gather medical records and specialist letters.
- Seek local help: Contact Rotterdam Legal Aid Office for free advice.
- Prepare for assessment: Practice realistic daily activities.
- Notify Municipality of Rotterdam for Wmo support like home adaptations.
- Consider legal aid: Via union or special assistance.