SUMMARIES OF SELECTED STATEMENTS The woman’s part-time occupation consisted in being a member of a music group which offered church concerts and concerts for receptions, opening ceremonies of exhibitions and other events. During the 2006 to 2011 period the group had played a total of eleven concerts, of which the woman had participated in nine. In addition, she had taken part in other activities in relation to the group to a very limited extent. The Employment Committee of the National Social Appeals Board found that the woman had not proved on a balance of probabilities that her work with the music group could ‘at all times’ be carried out outside normal working hours, which was a condition for her being deemed to be available for work and thus entitled to (supplementary) unemployment benefit. The Employment Committee attached decisive importance to there being no delimitation of the activities of the group (including the times at which the group was available for concerts) and no (written) agreement on the division of work among its members. Based on the information about the very limited activities of the music group and the details of the organisation of these activities, the Ombudsman found that the woman had proved on a balance of probabilities that her work with the group could ‘at all times’ be carried out outside normal working hours. This meant that she was available for work, and in the Ombudsman’s opinion she was entitled to (supplementary) unemployment benefit. The Ombudsman gave particular weight to information that the woman had never been under any contractual obligation towards the group, that there was a clear (verbal) agreement between its members that in the event a member was prevented from being present at a concert, another member (or a substitute) would step in, and that the woman could leave the group at any time – without notice. The Ombudsman therefore recommended that the Employment Committee of the National Social Appeals Board reopen the case and make a new decision on the woman’s entitlement to unemployment benefit and – in the light of that decision – on the demand for repayment of unemployment benefit claimed by the woman. 153

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