Permanent Incapacity for Work in Tilburg

Permanent Incapacity for Work in Tilburg

Permanent incapacity for work means that a resident of Tilburg is permanently unable to work due to illness or a disability, with no prospect of recovery within five years. This may qualify you for an IVA benefit from the UWV. In this article aimed at Tilburg residents, we explain what it entails, how the assessment works, and your rights, including local support options.

What is permanent incapacity for work?

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 – you remain unfit for work. The UWV determines whether this is 'permanent': lasting and not curable in the short term.

Under the Work and Income (Capacity for Work) Act (WIA), this applies if:

• The incapacity exceeds 65% (full);
• Recovery is not expected within five years;
• You are younger than the state pension age.

Unlike temporary incapacity, where reintegration is possible, this leads to the Income Provision for the Fully and Permanently Disabled (IVA): a lifelong benefit of 75% of your previous salary. This may be relevant for Tilburg residents in sectors like textiles or logistics.

Legal basis

The foundation is the WIA. Key provisions:

• Article 4(2) WIA: Defines 'fully and permanently unfit for work' as someone who permanently earns less than 65% of their salary without improvement.
• Article 47 WIA: Secures the IVA benefit for this group.
• Articles 39-43 WIA: Govern the UWV assessment, including sickness benefits and labour expert review.

The UWV uses medical and occupational reports. You can object to a decision under the General Administrative Law Act (Awb) (art. 7:1 et seq.), with appeal to the District Court of Zeeland-West-Brabant in Breda.

How is it assessed in Tilburg?

After two years of illness, the UWV invites you for the Sickness Benefits and Disability Assessment (ZWA). The process:

1. Medical assessment: Insurance doctor reviews complaints, treatment, and prognosis. Permanent if <5% chance of recovery in five years.
2. Labour expert review: Calculates residual capacity and 'reference salary'. IVA follows if <35%.
3. Reassessment: Every 1-5 years, except for confirmed permanent cases.

The process takes 8-14 weeks. Failure to cooperate may result in a benefit reduction. In Tilburg, you can seek advice from the Legal Aid Office Tilburg.

Difference between permanent and temporary incapacity

This determines your benefit. Comparison:

Read more about IVA and WGA.

Practical examples from Tilburg

Example 1: Ms. Van Tilburg (48), working at a local textile factory, has MS. No recovery possible. UWV approves IVA: 75% of €2,600 = €1,950 net per month, lifelong.

Example 2: Mr. De Laat (55) from the Het Zand neighbourhood, paraplegic after a workplace fall. Fully wheelchair-dependent. IVA after ZWA.

Example 3: Burn-out from stress at Tilburg municipality: WGA if temporary recovery, possibly IVA if chronic.

Medical prognosis is decisive.

Rights and obligations for Tilburg residents

Rights:

• Lifelong IVA (art. 47 WIA).
• Objection within six weeks at UWV.
• Appeal to District Court of Zeeland-West-Brabant (Breda); free help via Legal Aid Office Tilburg.
• Additional support via Municipality of Tilburg (Wmo).

Obligations:

• Attend assessments.
• Report changes.
• Avoid fraud: heavy fines.

Frequently asked questions

Tips for Tilburg residents

Improve your chances for permanent incapacity for work:

• Gather medical records from Tilburg specialists.
• Consult Legal Aid Office Tilburg for preparation.
• Involve your GP early.
• Check Municipality of Tilburg for extra support.
• Consider legal aid if rejected.