social security - FOD Sociale Zekerheid

If a person does not meet the conditions of his/her age group, but rather the conditions of anolder age group, the conditions are also considered as met. From the age of 36, it is still possible,under certain conditions, to take into account the working days or the assimilated working daysfrom the 10 years preceding the reference period.The reference period mentioned in the table can be extended for several reasons (e.g. in case ofa self-employed activity, force majeure, career interruption or time credit). Assimilated workingdays are e.g.: sickness days compensated by the sickness and invalidity insurance, days coveredby holiday allowances, days of strike, the period covered by damages for breach of contract etc.Work performed abroad can, under certain conditions, also be taken into account for thecalculation of the number of working days as a salaried worker to be proved in the abovementionedreference period.Persons who voluntarily did part-time work have to prove the same number of half-time workingdays in the above-mentioned reference period, extended with six months. There are exceptionswhere the voluntary part-time worker is assimilated with a full-time worker.In order to be entitled to unemployment benefits, some specific granting conditions have to bemet as well. We list them right below.1) The person is not allowed to receive any salaryA worker who still receives notice compensation or a compensation for breach of contract fromhis former employer cannot obtain unemployment benefits during the period covered by thiscompensation. The worker cannot receive benefits for the vacation days covered by a vacationfee either.2) The person is not allowed to perform workAn unemployed person may only work for is own account within the limits of the normalmanagement of his own property and his work may not qualify for the economic traffic of goodsand services. An unemployed person should neither do any labour providing him with a wageor any other material advantage for him or his family. For instance, he cannot build his ownhouse. Work performed on behalf of others is presumed to be remunerated, unless the personconcerned is able to prove the contrary. A voluntary activity (e.g. performed on behalf of a privateperson or an association) can be authorized if a prior request is made. Provided that they areofficially declared beforehand, some incidental activities may be authorized too, if they havebeen performed at least three months before the application for unemployment benefits andduring a salaried occupation. Furthermore, these incidental activities have to take place outsidethe normal working hours (before 07.00 a.m. and after 18.00 p.m.) and some activities are totallyexcluded (hotel and catering business, insurance business, …).3) The unemployment must be independent of the person’s willIn most cases, persons who caused their unemployment themselves can only obtain allowancesafter a period of exclusion.28