Written by Ömür Arslan, social security law attorney at Arslan Advocaten. Listed in the Netherlands Bar’s register of practice areas for tenancy law and social security law.
Nederlands: Lees dit artikel in het Nederlands: UWV heeft uw dagloon verkeerd berekend: controle en bezwaar
Türkçe: Bu makaleyi Türkçe okuyun: UWV günlük ücretinizi yanlış hesapladı: kontrol ve itiraz
Is your WW (unemployment benefit), Sickness Benefits Act or WIA (incapacity benefit) payment lower than expected? Check the daily wage on which the UWV, the Dutch employee insurance agency, bases the benefit. An incorrect reference period, missing wages or incorrect processing of holiday pay can affect the amount. Request the calculation and compare it with your wage data. A request to correct the payroll records does not automatically replace a timely objection to your benefit decision.
A daily wage calculation often looks complicated. Even so, you can approach the check in a structured way by first establishing the data used. Which benefit do you receive, what is the relevant first day of unemployment or sickness, and which wages did the UWV include? Only then does it make sense to compare amounts.
What is the UWV daily wage?
The daily wage (dagloon) is a calculation figure used to determine the level of various employee insurance benefits. It is not necessarily the net amount you used to receive per day worked. The UWV uses, among other things, the wages for employee insurance purposes, the reference period and the rules of the benefit concerned.
With part-time work, too, the daily wage may differ from your wages per actual working day. The benefit system calculates using a different distribution over benefit days. Someone who used to work three long days therefore cannot simply divide their net monthly wage by the number of days actually worked and set that result against the UWV daily wage.
In addition, the daily wage is not the same as the final benefit amount. The applicable percentage, the type of benefit, the offsetting of income and deductions can still make a difference. With WIA, the form and phase of the benefit also play a role. An error in the monthly payment therefore does not always lie in the daily wage.
Start with the right decision
Find the letter in which the UWV determined your benefit and its amount. Note the daily wage, the start date and any enclosures. If you have received several decisions, determine which decision changed the amount. A later indexation and a substantive recalculation are different events.
Request the full daily wage calculation if it was not enclosed with the letter. You want to see not only the final amount, but also the reference period, the wage components and the divisor. Without those data, you may be able to identify a difference, but not yet properly explain what causes it.
Check the objection clause straight away. A telephone conversation about the calculation does not, in principle, stop the time limit from running. If necessary, you can lodge a provisional objection and supplement the grounds once the UWV has provided the calculation. For an older decision, discuss which review route is still available.
The reference period differs per benefit
The reference period is the period over which the UWV examines the wages. For WW and the Sickness Benefits Act, the end point may differ from that for WIA. With monthly payroll tax returns, the ordinary reference period for WW and the Sickness Benefits Act usually ends before the month immediately preceding unemployment or sickness. For WIA, in the usual situation, the reference period runs up to the month before the first day of sickness. See the UWV explanation of the daily wage and reference periods.
With four-weekly payroll tax returns, periods of four weeks are used. A payslip showing ‘period 4’ is then not the same as a payslip for April. So check how your employer filed its returns and which start and end dates appear on the payslips.
An error in the first day of sickness can also shift the reference period. That may affect whether a pay rise, a bonus or a month without wages falls within the period or not. The date and the calculation should therefore be checked together.
Social insurance wages are not the same as net wages
A payslip shows various amounts: gross salary, taxable wages, social insurance wages (sv-loon), net pay and expense allowances. For the daily wage calculation, the relevant concept of wages is decisive. Comparing with the bank payment alone therefore easily gives a misleading impression.
For each payslip, find the social insurance wages and note the period. If there is no clear entry, ask the payroll department which amount was declared for employee insurance purposes. An employer can sometimes explain why a wage component was processed in a particular way.
An expense allowance, a statutory transition payment or a special final payment does not automatically count in the same way as regular salary. Have it assessed which rule applies to each component. The name that the employer or employee gives to a payment is not always decisive for its legal classification.
Checking My UWV and the employment records
Via My UWV (Mijn UWV) you can view your employment history and wage data and download an insurance statement (verzekeringsbericht). Compare that record with your payslips. Look out for missing employers, incorrect periods and amounts that differ from the payroll records. The UWV describes how to view your wage data and submit a correction request.
Make an overview with four columns: period, social insurance wages on the payslip, social insurance wages in the records, and your explanation of the difference. Attach the payslip to the relevant line. This allows the case handler to check in a targeted way whether the source data or the calculation method needs to be adjusted.
A correction by the employer or in the wage records does not automatically lead to a timely revision of every benefit. So also notify the UWV that your benefit decision may be based on incorrect data. Keep track of the objection or correction deadline separately from the administrative correction process.
Holiday pay, year-end bonus and flexible benefits budget
When the daily wage is calculated, wage components that have been paid and those that have been accrued may be processed differently. Holiday pay and an employment benefits amount, such as a year-end bonus or an individual flexible benefits budget, therefore deserve separate attention. The year in which an amount was paid does not always tell you over which period it was accrued.
If necessary, ask your employer for a specification of accrued and paid holiday pay and employment benefits amounts per payroll period. Check that the same item is not counted twice or, conversely, left out. With a final settlement, several reserves may be paid out at once, which makes a superficial comparison misleading.
In the worked example for the WIA daily wage, the UWV shows how paid and accrued amounts feed into the formula. Use it as an explanation of the method, not as proof that every part of your own file will be treated in the same way.
Lower wages due to sickness or leave
If you received lower wages during the reference period because of sickness or leave, special rules may apply. This does not automatically mean a different reference period. Instead, a substitute wage amount may be used within the same period. Have the precise rules for your benefit assessed.
Collect payslips from before, during and after the period concerned. Add information about the reason for the lower wages, for example parental leave or sickness. A contractual reduction in hours and temporarily lower wages due to a protected leave situation do not necessarily have the same consequence.
Also make clear whether you voluntarily started working fewer hours on a permanent basis. Without that context, a lower salary may be misinterpreted. The aim is to apply the correct statutory exception, not to pick the highest salary with hindsight in every case.
Periods without wages and short employment
If you worked for less than a full year, you may have questions about the divisor. It makes a difference which benefit is being calculated and which special rules apply. So do not apply one general formula to every WW, Sickness Benefits Act and WIA situation.
Map out the months without wages precisely. Was there no employment, was there unpaid leave, or should the employer have paid wages but failed to do so? Those situations may be treated differently in law. A zero in the wage records does not reveal the cause.
Where wages were not paid, questions about when they became due, evidence and any collection may be relevant. Keep wage claims and correspondence with the employer. Have it assessed which data the UWV should use and whether separate employment law proceedings are also needed.
A simple example check
Suppose the UWV assumes relevant annual wages for the calculation of €31,320 and a divisor of 261. The arithmetical daily wage is then €120. If €2,610 of relevant wages is demonstrably missing and the other assumptions remain the same, the arithmetical result would be €130. This example is fictitious and only shows how a missing amount feeds through.
The actual difference in your benefit is not automatically €10 for every calendar day. The benefit percentage, benefit days, a maximum and any offsetting all play a part. So after a correction, also ask for a new payment specification.
Use your own calculation as a signal and a checking tool. State your assumptions alongside it. An overview that shows which data are still uncertain is more reliable than an exact amount based on incorrect assumptions.
Maximum daily wage and indexation
A maximum daily wage may apply to benefits. A higher historical income then does not lead to an ever-higher benefit. Check which maximum applies on the relevant date. Amounts can change, so an overview you found from another year cannot simply be used.
Indexation may also explain why the daily wage at the start of the benefit differs from an original calculation over the reference year. Ask the UWV to state which indexation steps were applied. Compare amounts that relate to the same point in time.
With WIA, there may be a gap between the reference year and the start date. So keep both the basic calculation and the indexed result. Comparing only the most recent monthly amount with an old payslip gives insufficient insight.
Objecting to an incorrect daily wage
A targeted objection names the decision, the disputed assumptions and the correction sought. Attach an overview of wage periods with the corresponding supporting documents. Ask the UWV to give a reasoned response to each specific difference that is relevant to the outcome.
Write, for example, that a particular wage period is missing, that an incorrect first day of sickness was used, or that accrued holiday pay does not match the employer’s specification. State the amounts and dates clearly. Merely stating that the benefit is too low does not show what the UWV needs to investigate.
If data are still missing, indicate which documents you have requested and when you expect them. If necessary, ask for a reasonable period to supplement your objection. In the meantime, do not let the UWV objection deadline expire.
An old decision or an announced redress scheme
If the ordinary objection period has passed, a request for review or a special redress procedure may be relevant. The conditions and consequences differ. An old decision is not automatically reassessed in full because you have now made a different calculation.
Ask which new information or specific error you can point to. Keep an employer’s correction, a new specification or correspondence showing the administrative mistake. Make clear when you discovered the discrepancy and what you did afterwards.
If a redress scheme is under way for a particular group of WIA benefits, check whether your file actually falls within that group. General news reports do not replace a decision on your own daily wage. Have any new decision assessed again for amount, period and legal remedies.
Setting up a monthly wage check
An overview per wage period makes a difference in the daily wage easier to verify. Put the amounts from your payslips next to the data the UWV used. Compare the same concept of wages; setting net wages against social insurance wages does not produce a usable check.
| Wage period | Your own evidence | Item to check |
|---|---|---|
| Ordinary working month | Payslip and wage statement. | Do the social insurance wages match the records used? |
| Holiday or year-end payment | Specification of payment and accrual. | Has the special wage component been processed under the correct rule? |
| Sickness or leave | Payslip and a statement about the situation. | Has it been examined whether a special daily wage rule applies? |
| Correction month | Old and corrected payslip. | Has the UWV taken the relevant correction into account? |
| Start or end of employment | Contract and final pay statement. | Were the correct period and wage components used? |
Add a short explanation to any difference. If an employer corrects an amount later, what matters is which original period the correction relates to. The date of payment and the period to which the wages relate can raise different questions.
Ask the UWV to specify the wage lines and calculation steps it used. With only a final amount, you cannot check whether the difference arises from the numerator, the number of daily wage days, a maximum or an indexation.
Monitoring the employer’s correction and the objection at the same time
An error in the payroll records can sometimes be put right by the employer first. Contact the payroll department and explain the difference with your payslips. Ask for written confirmation of a correction and the period it covers.
In the meantime, do not let your objection period expire. A request to your employer to correct data is not an objection to the UWV decision. State in your objection which correction is in progress and ask how the adjusted data will be taken into account in the assessment.
After the correction, check whether it is actually visible in the data the UWV uses. A new payslip and an amended payroll tax return are not always the same administrative step. If necessary, ask which data still need to be supplied.
Finally, keep the old calculation, the correction and any new UWV decision side by side. You can then see whether the problem has been fully resolved or whether only one wage component has been adjusted while the reference period or another calculation step is still in dispute.
Several employers in the reference period
If you worked for different employers during the relevant period, check whether all the correct wage lines have been included. An employment that had already ended when you applied for the benefit may still be relevant to the calculation.
For each employer, make an overview of the start and end dates, wage periods and corrections. Then compare the total with the data the UWV used. This shows whether an employer is missing or a wage component has been processed twice.
Keep a back payment from a previous employer separate. Record which work or wage period that payment relates to. With that breakdown, it can be assessed which daily wage rule applies, without wrongly treating different employments as one uninterrupted stream of wages.
Frequently asked questions about the UWV daily wage
Why is my daily wage lower than my previous wages per working day?
The UWV uses a statutory calculation system and the relevant wages over a reference period. Particularly with part-time work, that may differ from the amount per actual working day. So compare the underlying assumptions, not just two final amounts.
Can my employer correct the error?
An employer can correct incorrect payroll tax returns or specifications. That is important evidence, but also have it assessed which step is needed against the UWV decision. A correction in the source records does not safeguard your objection period.
Does my thirteenth month count?
That depends on the nature of the wage component and the applicable calculation rules. Ask for a specification of the employment benefits amount accrued and paid. That makes it possible to check how the UWV processed this item.
Can I object without calculating everything myself?
Yes. State which data may be incorrect and ask for the full calculation. A lawyer or expert can then assess the method. Do make sure that the objection is lodged in time and is later adequately substantiated.
Will a correction always lead to a back payment?
A higher correct daily wage may lead to a back payment, but the period and consequences must be determined separately. A maximum, offsetting or the chosen review route may have an effect. Check the new decision and how it is implemented.
Is the daily wage the same as the benchmark wage (maatmanloon)?
No. The daily wage is used for the level of the benefit. The benchmark wage plays a role in comparing earning capacity in an incapacity for work assessment. An error in one amount does not automatically mean the other is also incorrect.
Having your calculation checked
Do you suspect an error in your daily wage? Submit the decision, your payslips and the insurance statement to Arslan Advocaten. State which periods or amounts you believe are wrong. Also read about WIA benefits and objecting to the UWV. A well-founded check starts with the source data and ends with the correct payment.
Read also
The UWV is recovering your benefit after its own mistake: do you have to pay?
Sickness benefit stopped after the first-year assessment: objecting to the EZWb
The UWV is late deciding on your WIA or objection: what can you do?
