Tilburg woman has to repay 5 years' welfare benefits for baking hundreds of cakes

The municipality of Tilburg ordered a local woman to repay nearly five years' worth of welfare benefits, totaling over 17,500 euros, for baking hundreds of cakes in that period. According to the municipality, that’s an “activity that can be valued in money” which is against the welfare rules. The woman argued that she baked cakes as a hobby, not a job, and that shouldn’t affect her social assistance benefits. The court in Breda ruled in the municipality’s favor.

The municipality noticed that the woman had posted hundreds of cakes on her Facebook and Instagram accounts—276 unique cakes on Instagram and over 450 on Facebook. The cakes were personalized and clearly baked for different people and occasions.

In November 2022, the municipality asked the woman about the cakes. She said that she baked them as a hobby and didn’t earn any money from them. Municipal employees visited her home and found four shelves of baking supplies—molds, springles, piping bags, and mixes—in her living room.

The municipality considered it clear that the woman was making cakes to order - an “activity that can be valued in money.” It estimated the money she could make from these cakes and ordered the woman to repay all the social assistance benefits she received from December 2017 to November 2022, amounting to 17,563.71 euros.

The woman disagreed and took the matter to court. She argued that she baked cakes as a hobby and made no money from it. She said she gave the cakes away for free to her friends and family or sold them at cost at most. She doesn’t believe it should have any influence on her social assistance.

But the court in Breda disagreed. Baking cakes can be regarded as an activity that can make money, the court ruled. “The fact that the plaintiff did not charge and earn money from baking these cakes, as she has stated, does not change that,” the court said. “Based on settled case law in these types of cases, it does not matter what the intention of the work was.”

According to the court, the question is not whether recipients paid for the cakes, but whether the labor of baking cakes represents an economic value in society. “In other words, the question is whether, in society, compensation can be negotiated for personalized cakes. The court is of the opinion that this is the case.”

The court also ruled that social assistance rules make no distinction between commercial and hobby activities. The woman has been baking for years and should have at least reported this to the municipality of Tilburg, the court said. It is her own responsibility to have and submit the relevant administration to the municipality.

The court ruled that the woman must repay the full amount of received benefits as the municipality demanded.