Breathing Space is a scheme in England and Wales that gives people temporary protection from creditors while they get debt advice. It does not cancel any debt. The scheme launched on 4 May 2021 and runs through two routes: a standard route and a mental health crisis route.
What is Breathing Space?
Breathing Space is a pause, not a write-off. Its purpose is to stop creditor pressure long enough for you to get debt advice and decide what to do next. During protection, enforcement action is stopped: creditors cannot contact you about the included debts, and they cannot add interest or charges.
The scheme changes when and how creditors can act. It does not change how much you owe, so the balances remain due.
Scope is limited to England and Wales. The scheme started there on 4 May 2021, and it applies only to the debts included in the protection.
| Route | Purpose |
|---|---|
| Standard | Temporary protection while you get debt advice |
| Mental health crisis | Protection for people receiving crisis care for a mental health problem |
The standard route is entered through a debt adviser, who submits the application for you if appropriate. You can find a free adviser through MoneyHelper. Applying is free, but some advisers may charge a fee, so ask about costs before you agree to their service.
The mental health crisis route is a separate route with its own eligibility basis: the person must be receiving crisis care. Both routes provide the same core protection from creditors, but they start from different circumstances.
Who can apply for Breathing Space?
Eligibility depends on three things: whether you fall into one of the excluded situations, whether you have used Breathing Space in the last 12 months, and whether you are already in a Breathing Space period. Check both before you contact a debt adviser, because the adviser cannot submit an application that the rules block.
Who is excluded
You cannot apply if you have any of the following:
- A debt relief order
- An IVA (Individual Voluntary Arrangement)
- An interim order
- Bankruptcy: you are an undischarged bankrupt, meaning your bankruptcy has not yet been discharged
If any of these applies, you cannot apply for Breathing Space.
The 12-month rule
You cannot apply if you used Breathing Space in the last 12 months. There is one exception: if that earlier use was for the mental health crisis route, the 12-month restriction does not prevent a new application. To check this, find the start and end dates of your earlier protection period. Confirm the exact calculation with your adviser rather than assuming it.
Already in Breathing Space
You cannot make a second application while a Breathing Space period is running. If you are already in Breathing Space, the existing period must be the one you are working with; an additional application is not available.
Checks before you apply
- Confirm you are not subject to a debt relief order, IVA, interim order or bankruptcy.
- Note the dates of any previous Breathing Space period and whether it was for a mental health crisis.
- Confirm you are not currently in a Breathing Space period.
How do I apply through a debt adviser?
For standard Breathing Space, you apply through a debt adviser. You do not file the application yourself with the government or your creditors. Your role is to give the adviser the information they need to decide whether the application is suitable.
Step 1: Find an adviser
Search for a debt adviser through MoneyHelper, which lists free advisers. Contact one before you take any other step, since the adviser is the person who files the application.
Step 2: Let the adviser assess and submit
Once you have an adviser, they review your situation and decide whether to submit the application on your behalf. Expect them to ask about your debts and your income and spending so they can assess your situation.
Step 3: Check for fees
Applying is free, but some advisers may charge a fee, so ask about costs before you agree to their service.
How does the mental health crisis route work?
For this route, the key requirement is professional confirmation: you need an approved mental health professional to confirm that you are receiving crisis care.
Who confirms crisis care
Only an approved mental health professional can confirm that you are receiving crisis care. The confirmation is a required step in the route.
The role of your GP
A GP can refer you to the route but cannot confirm crisis care. If your GP is your first point of contact, ask whether they can refer you, and make sure the confirmation comes from an approved mental health professional.
Who can apply
| Person | Role in the crisis route |
|---|---|
| Approved mental health professional | Confirms that you are receiving crisis care |
| GP | Can refer you, but cannot confirm crisis care |
| You, or someone such as a carer or relative | Can apply on your behalf |
A carer or another person acting for you can submit the application, so you do not have to apply yourself.
Source: Citizens Advice, 2021-05-04.
What protection do you get, and for how long?
What creditors must stop
During protection, enforcement action is stopped and creditors cannot contact you about the included debts.
What stops accruing
Creditors can add interest or charges again once the protection has ended.
How long each route lasts
The two routes have different time limits:
| Route | Duration |
|---|---|
| Standard Breathing Space | Up to 60 days |
| Mental health crisis Breathing Space | Length of the treatment plus 30 days |
The 60-day figure is a maximum for standard protection, not a guaranteed period. The mental health crisis route has no fixed number of days in the source material. Its end point is set by the length of the treatment plan, followed by an additional 30 days. Anyone checking how long protection applies should confirm which route they are on, because the two routes end on different terms.
What must you do during the 60 days?
Standard Breathing Space comes with conditions that apply for the whole protection period. They include contact with your debt adviser, limits on new borrowing, and keeping up ongoing payments. Each one is an ongoing duty rather than a single step at the start.
Keep in contact with your debt adviser. The adviser is the person working on your debt advice during the protection period. Stay in regular contact with them, and tell them promptly about any change in your income or circumstances so they can adjust the advice they give you.
Take on no new borrowing over £500. The scheme’s standard conditions include not taking on new borrowing over £500. The source does not say whether this limit applies to each loan or to your total new borrowing, so confirm the exact meaning with your adviser before agreeing any new credit.
Keep up ongoing payments. Current costs must still be paid. These include housing costs such as rent or mortgage payments, utility bills, and taxes.
What happens when Breathing Space ends?
When Breathing Space ends, the temporary protection stops and the debts stay fully owed. The protection no longer applies and the debts remain owed.
Creditors can resume enforcement action and contact you about the debts that were included. The restrictions that applied during the scheme no longer apply afterwards. After it ends, check each statement for new interest or charges, and keep a record of any letters or calls from creditors.
Ongoing balances and repayment plans
The repayment obligation continues throughout. Repayments and ongoing payments do not stop when the scheme ends.
Before the end date, list each included debt with its creditor, current balance and the monthly amount you can afford. Confirm with your adviser which repayment arrangements apply to each creditor. Keep ongoing payments up to date so that new arrears do not start.
| Position | During Breathing Space | After it ends |
|---|---|---|
| Enforcement action | Stopped | Creditors can resume |
| Creditor contact about included debts | Not permitted | Permitted |
| Interest and charges | Cannot be added | Restriction no longer applies |
| Debt repayments | Still required | Still required |
| Ongoing payments (housing, utilities, taxes) | Still required | Still required |
Adviser follow-up
Contact with your debt adviser is the main route for next steps once Breathing Space ends. Ask the adviser which creditors have been notified, what balances and repayment figures to expect, and who will follow up with you.
Frequently asked questions
How do I start a standard Breathing Space application?
You go through a debt adviser, who submits the application for you where appropriate. MoneyHelper can point you to a free adviser, but some advisers charge a fee, so confirm the cost before you agree to their service.
How long does Breathing Space protection last?
Standard protection lasts up to 60 days. Mental health crisis protection runs for the length of your treatment plus 30 days.
Can I apply if I have an IVA or used Breathing Space in the past year?
No. You are not eligible if you have a debt relief order, an IVA, an interim order, or you are an undischarged bankrupt, and you cannot apply while already in Breathing Space. A use within the last 12 months also blocks a new application, unless that earlier use was for a mental health crisis.
