Housing benefit overpayment adult child liability

[Adela]

I have a housing benefit overpayment that I am negotiating repayments for with my council.
They sent me an income and expenditure form 2 months ago which I filled in. I had my husband and two adult sons living in the house all working and we had started to pay back £200 per month.
Since then my husband has lost his job. He was the main earner, I had never charged my sons a specific amount of rent before this time. But now they are paying the rent and council tax which amounts to £300 each.
I am unable to work as I have mobility problems severe anxiety and depression, high BP and high cholesterol and have just had major operation because of cancer.
All I have is contribution based ESA (support group) allowance.
The council want details of my son's income, employer's etc.
Surely they are not responsible for my debts and paying the full rent and council tax is their fair contribution to the household.
Do they have to pay my debts.
And is there anything I can quote to them.
I am wanting to pay back this overpayment fairly and as much as I can afford.
I know this mess is my fault through my own stupidity but I just want to sort this mess out.
Please could someone advise me

[Snoopy1948]

Re: Housing benefit overpayment adult child liability

Hi Adela. You have put your situation well here ..... I have retired last year from working as a local authority enforcement officer and part of my duties was to pursue overpayments of housing benefit.

Can you confirm the level of debt here and the reasons why it arose? Was there any defined benefit fraud mentioned? Are you satisfied that the events leading to the overpayment are correct and in order? The debt will uniquely remain in the name ( and therefore responsibility ) of the lead claimant, possibly with the addition of your husband if he co-signed the benefit claim form. Your sons have no responsibility here and to be honest, it is rewarding to hear that they are contributing towards the rent and council tax although to be fair, if they are working non-dependents, then morally it is what they should do as they cannot be expected to live free while you and your husband struggle.

I would suspect that the question of asking for your son's employment and earning details are for benefit purposes only if you are pursuing a possible ongoing benefit situation. The housing benefit debt can only be fairly assessed on your personal ability to pay though. The thing you must do is to admit the liability and your willingness to repay within your own means. However that doesn't mean offering £1 a month which I was often greeted with and often with contempt. The debt is a public money one and therefore important and should not be dismissed. If you are on continued housing benefit, then the council has specific arrangements to deduct overpayments from that. However, I suspect you may be non qualifiers due to non dependents earnings and the thresholds for those have tilted in the council's favours over latter years.

Sometimes your local Citizens Advice Bureau can be very helpful in assessing your ability to repay this specific debt ( and taking account of other debts into the equation if they exist ) and will prepare an income and expenditure statement in support and approach the council on your behalf. Might save a lot of grief!
https://www.citizensadvice.org.uk/