What is Breathing Space?
Breathing Space — formally the Debt Respite Scheme — was introduced by the government on 4 May 2021 for people in England and Wales with problem debt. It gives you a legally protected period in which most creditors can't add interest or charges, contact you to ask for payment, or take enforcement action. The aim is to give you time to get proper debt advice and set up a longer-term solution without the debt growing or creditors taking action.
The scheme is run by the Insolvency Service, which keeps an electronic register of breathing spaces and notifies your creditors. This register is not public — only creditors and the agencies involved can see your entry.
Standard vs mental health crisis breathing space
| Feature | Standard breathing space | Mental health crisis breathing space |
|---|---|---|
| Who it's for | Anyone with problem debt who meets the conditions | People receiving mental health crisis treatment |
| How long | Up to 60 days | For as long as the crisis treatment lasts, plus 30 days |
| How often | Once in any 12-month period | No limit |
| Evidence needed | A debt adviser's assessment | Evidence from an Approved Mental Health Professional (AMHP) that you're receiving crisis treatment |
| Who applies | A debt adviser, with you | A debt adviser; a carer, care co-ordinator, mental health professional or AMHP can contact the adviser for you |
| Midway review | Yes, between day 25 and day 35 | No; the adviser keeps in touch with a nominated contact, such as your care co-ordinator |
What counts as mental health crisis treatment?
Crisis treatment includes being detained in hospital under the Mental Health Act, being removed to a place of safety by the police, or receiving crisis, emergency or acute care or treatment from a specialist mental health service. You don't have to apply yourself — and you don't need to be able to deal with your debts while you're unwell.
What Breathing Space protects you from
During a breathing space, creditors of the debts it covers must not add interest, fees, penalties or charges, contact you to ask for payment, or take or continue enforcement action — for example sending bailiffs (enforcement agents), starting court action, applying for an attachment of earnings or charging order, or using deductions from wages or bank accounts to collect those debts.
- Interest, fees, penalties and charges on covered debts are frozen
- Enforcement agents (bailiffs) must stop for covered debts — see our bailiffs guide
- Creditors can't start or continue court action to collect covered debts
- Creditors and debt collectors must stop asking you for payment
- Council tax enforcement for covered arrears pauses — see council tax arrears
Creditors can still write to you about other matters, and some actions that aren't about collecting the debt can continue. If a creditor breaks the rules, tell your debt adviser.
Which debts are covered?
Most personal debts and arrears are covered, including priority debts. Your debt adviser decides which of your debts to include.
Usually covered
- Credit cards, store cards, loans and overdrafts
- Payday loans, catalogues and buy now pay later
- Council tax arrears
- Rent arrears
- Energy and water arrears
- Mortgage or secured loan arrears (not the ongoing payments)
- Most debts to government departments and HMRC
Not covered
- Court fines and confiscation orders
- Student loans
- Child maintenance
- Debts arising from fraud
- Secured debts, apart from arrears
- Some other specialist debts — your adviser will check
What you must keep paying
Breathing Space pauses the debts in it, not your ongoing bills. You're expected to keep paying ongoing liabilities that fall due during the breathing space where you can — such as your current rent or mortgage payments, council tax for the current period, energy and water bills, and payments on any debts not included. If you fail to pay them without good reason, your adviser can cancel the breathing space.
You don't have to make payments towards the debts that are in the breathing space, though you can if you want to. Your adviser will help you work out a budget for the period.
Who can get Breathing Space?
For a standard breathing space, you must:
- Live or usually reside in England or Wales
- Have at least one debt that can be included
- Be unable, or likely to be unable, to repay some or all of your debts
- Not be in a Debt Relief Order, an IVA or bankruptcy (undischarged)
- Not already be in a breathing space, and not have had a standard breathing space in the last 12 months
The debt adviser must also decide that a breathing space is appropriate for you — for example, they may decide it isn't needed if you can pay your debts or if another option would solve the problem straight away.
For a mental health crisis breathing space, the main condition is that an AMHP has confirmed you are receiving mental health crisis treatment. You don't need to have been assessed for a debt solution, and there's no limit on how often you can get one.
How to apply for Breathing Space
You can't apply for Breathing Space yourself. It's only available through a debt adviser authorised by the FCA to give debt advice, or a local authority that provides debt advice. Free services such as StepChange, Citizens Advice, National Debtline and many local advice agencies can do this at no cost.
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Contact a free debt adviser
Use the MoneyHelper debt advice locator, call StepChange on 0800 138 1111 or National Debtline on 0808 808 4000, or see our free help page. Ask specifically about Breathing Space if you're facing enforcement action.
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Give details of your debts and situation
The adviser checks you're eligible and that Breathing Space is right for you, and confirms which debts to include.
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The adviser registers it
They submit the details to the Insolvency Service. Your breathing space starts the day after it's recorded, and your creditors are notified electronically.
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Keep in touch
Work with your adviser during the breathing space to choose a long-term solution, and tell them about any new debts or creditors you find.
For a mental health crisis breathing space, you, your carer, a care co-ordinator, a mental health professional or an AMHP can contact a debt adviser. The adviser needs evidence from an AMHP that you're receiving crisis treatment.
During your breathing space
- Midway review (standard only): between days 25 and 35 your adviser checks that you're still eligible, that you're keeping up with ongoing bills where you can, and that the breathing space is still appropriate.
- Creditor reviews: a creditor can ask the adviser to review the breathing space if they think it's unfair to them or you don't meet the conditions.
- Cancellation: the adviser can end it early if, for example, you can pay your debts, you aren't paying ongoing bills without good reason, you gave false information, or you enter a DRO, IVA or bankruptcy.
- Credit file: Breathing Space isn't shown on the public Insolvency Register. Creditors may still report the account status, including missed payments, to credit reference agencies.
What happens when Breathing Space ends?
When it ends, the protections stop and creditors can contact you again and resume action. But they can't add the interest, fees and charges that were paused during the breathing space. Your debts still need to be dealt with, so the aim is to have a plan in place by the end, such as:
- a debt management plan if you can afford to repay over time
- a Debt Relief Order if you have little spare income and few assets
- an IVA or bankruptcy for larger debts
- a full and final settlement if you have a lump sum
- agreed payment arrangements on priority debts such as council tax or rent
You don't have to agree to a particular solution to get Breathing Space, and you're not tied to the adviser afterwards.
Breathing Space and a debt management plan
Does setting up a DMP give me breathing space?
No. A debt management plan on its own gives no legal protection: creditors are asked to freeze interest and hold off action, but they don't have to. Breathing Space is a separate, legal protection. Many people use a breathing space first, so their debts stop growing while the adviser sets up the DMP and collects creditor responses.
Can I get Breathing Space if I'm already in a DMP?
Yes. Being in a DMP doesn't stop you getting a breathing space — for example if a creditor is threatening court action, or your circumstances have changed and you need time to rethink your plan. Talk to your DMP provider or a debt adviser. You can't get one while you're in a DRO, an IVA or bankruptcy, because those already give you protection.
Read more in our DMP guide and how to get interest frozen on your debts.
Frequently asked questions
How long does Breathing Space last?
A standard breathing space lasts up to 60 days. A mental health crisis breathing space lasts as long as your mental health crisis treatment, plus 30 days.
How often can I get Breathing Space?
You can have a standard breathing space once in any 12-month period. There is no limit on how often you can have a mental health crisis breathing space.
Can I apply for Breathing Space myself?
No. You can only get it through a debt adviser authorised by the FCA to give debt advice, or a local authority debt advice service. Free services such as StepChange, Citizens Advice and National Debtline can arrange it.
Does Breathing Space affect my credit rating?
Breathing Space isn't on the public Insolvency Register or shown as an insolvency. However, creditors can still report the status of your accounts, including missed payments, to credit reference agencies.
Do I have to pay anything during Breathing Space?
You don't have to pay the debts included, but you should keep paying ongoing bills where you can, such as current rent or mortgage, council tax and energy. Not doing so without good reason can lead to it being cancelled.
Does Breathing Space stop bailiffs?
Yes, for debts included in the breathing space. Enforcement agents must stop enforcement action on those debts until it ends. Tell your adviser straight away if a bailiff visits.
Does a DMP give me breathing space?
Not legally. A debt management plan is informal, so creditors don't have to freeze interest or stop action. You can get a statutory breathing space before or during a DMP through a debt adviser.
Is Breathing Space available in Scotland?
No. Breathing Space covers England and Wales only. Scotland has its own statutory moratorium, which a debt adviser in Scotland can apply for.
Does Breathing Space write off any debt?
No. It pauses interest, charges and enforcement for a time. Paused interest and charges can't be added back afterwards, but the debts themselves still need to be dealt with.
Need Breathing Space now?
Contact a free debt adviser — they can check if you qualify and set it up, usually without delay if you're facing enforcement.