Self-Employed with Legal Questions | Legal Aid Clinic

Questioner

I have been self-employed since 1 January 2017. In January I found out that I was pregnant. When I applied for a zez benefit at the UWV, it was rejected. At least, according to the UWV I am entitled to a zez benefit, only the amount of this benefit is zero because the basis for the benefit is zero. The benefit is based on the profit in the calendar year/financial year immediately preceding the year in which the incapacity for work (=start of leave) commences. Furthermore, the hardship clauses of article 10 income decree WAZ do not offer a solution because the start of another period of 12 consecutive months on which the basis can be calculated lies before the start of the pregnancy, according to the UWV. However, when I read the article, it says something different, namely: 'The Employee Insurance Agency may deviate from Article 8, paragraph 2, section a, or paragraph 3, section a, of the Act or this Decree insofar as the application thereof, given the time at which the incapacity for work occurred, would lead to an unfairness of a significant nature. In that case, the Employee Insurance Agency shall determine, instead of the financial year or calendar year, another consecutive period of 12 months on which the basis of the benefit is calculated, which period shall, however, commence after the day of commencement of the said financial year or calendar year'. I believe that the 'intended financial year or calendar year' refers to the year 2016. This is the year immediately preceding the year in which the disability occurred. In that case, the consecutive period of 12 months from July 2016 to June 2017 could serve as the basis and my benefit would not be zero. I am not a lawyer and the above is all very technical. If anyone with legal knowledge has experience with this or can tell me how the law should be interpreted, that would be very welcome. Thanks in advance for your effort.

Lawyer

The first question is when you received the decision from the UWV. You can only file an objection if the decision was sent to you less than 6 weeks ago. If this is the case, I can help you file an objection.