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What Is the Breathing Space Scheme?

Personal Finance · January 3, 2024 · Rachel Stone · 5 min

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The Breathing Space scheme gives people in problem debt legal protection from creditors while they get advice. This UK guide explains the standard and mental health routes, what protections apply, how to apply, and what happens when it ends.

Dealing with problem debt is hard enough without the constant pressure of letters, calls and mounting interest. The Breathing Space scheme exists precisely to take that pressure off for a while, giving people the time and headspace to get proper advice and work out a way forward. It will not clear your debts, but for many it is the calm pause that makes everything else possible. Here is how it works. This is general information, not financial or legal advice.

What it is

The Breathing Space scheme, officially the Debt Respite Scheme, is a government scheme in England and Wales that gives people in problem debt legal protection from most creditor action while they get debt advice. Once it begins, qualifying creditors must pause enforcement, and most interest, fees and charges on the included debts are frozen.

It was introduced in May 2021 and is intended as a starting point, not a solution in itself. The goal is to remove the immediate stress so you can take advice and choose a sustainable way to deal with what you owe, whether that turns out to be a debt management plan, a formal insolvency option, or simply a renegotiated arrangement.

There are two routes: a standard route open to anyone in problem debt, and a mental health crisis route with stronger and longer protections for people receiving crisis treatment.

Breathing Space does not write off a penny of debt. What it buys you is time, free from interest and enforcement, to get advice and make a clear-headed decision.

What protections it gives

During a Breathing Space, for the debts included in it, creditors must:

These are legal protections, not requests, so creditors who are notified must comply. The aim is to freeze the situation exactly where it is, so it neither improves nor worsens, while you take advice.

The two routes compared

The scheme works differently depending on which route applies.

FeatureStandard Breathing SpaceMental health crisis Breathing Space
Who it is forAnyone in problem debtPeople receiving mental health crisis treatment
LengthUp to 60 daysLength of crisis treatment, plus 30 days
How it endsAfter 60 days, or earlier if you stop engagingWhen treatment ends, plus the extra 30 days
Repeat useOnce every 12 monthsNo 12-month limit
Who can certifyA registered debt adviserAn approved mental health professional, via a nominated point of contact

The mental health crisis route recognises that someone in crisis may be in no position to deal with creditors, so its protections last as long as the treatment does, however long that may be, with no annual limit on use.

What you still need to do

Breathing Space is a chance to get advice, not a holiday from all your responsibilities. While it is in force you are generally expected to:

If you stop engaging with the process during a standard Breathing Space, it can be cancelled at a midway review. The scheme is there to support people who are actively working towards a resolution.

How to apply

You cannot apply for Breathing Space directly yourself. It has to be started by a registered debt adviser, which means a debt charity or an FCA-authorised debt advice firm. The adviser will look at your finances, check that you are eligible, and if it is appropriate, enter your details on the official register. Creditors are then notified automatically.

This is one reason getting advice is so valuable: the same conversation that could lead to a Breathing Space will also explore the wider options for dealing with your debt. Free, impartial help is available from Citizens Advice, StepChange, PayPlan and MoneyHelper, and the scheme itself costs nothing. Having an honest picture of your finances first helps; our guide on how to make a budget is a useful starting point.

What happens when it ends

Breathing Space is temporary, so it is important to use the time well. When it finishes, the legal protections fall away: interest, fees and charges can resume, and creditors can once again contact you and take enforcement action on any debts not yet resolved.

That is why the period is meant for getting advice and putting a longer-term plan in place, so that by the time protection ends you have moved on to a sustainable arrangement. Acting early, before debts spiral, gives you the widest range of options. Responsible lenders understand this: UK lender Credicorp, for instance, describes how it supports customers when their circumstances change, and engaging with creditors like this alongside formal advice tends to produce better outcomes than waiting.

The bottom line

The Breathing Space scheme gives people in problem debt legal protection from most creditor action, with interest and enforcement frozen, while they get advice. The standard route lasts up to 60 days and the mental health crisis route lasts as long as treatment plus 30 days. It does not reduce your debt, you still pay ongoing bills, and you apply through a registered debt adviser rather than directly. Used as intended, as a calm window to take free advice and choose a lasting solution, it can be the turning point that gets debt back under control.

Key takeaways

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