What Is Breathing Space?

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What is breathing space?

Breathing space, also known as the Debt Respite Scheme, was introduced by the UK government on May 04th 2021.

It is designed to give people time and protection from creditors so that they can get debt help and support.

By getting breathing space you get a 60-day hold on enforcement action and additional interest and charges by creditors (the people and companies you owe money to).

The breathing space scheme is free, however, you must pass the eligibility checks, and it must be set up by a professional debt advice provider. You must also look at setting up a suitable solution to your debt problems during this time.

Breathing Space is not a payment holiday, so you'll have to continue paying your debts during this time, but it does prevent recovery action from being taken against you if you’re unable to pay.

There are two different types of breathing space.

Standard Breathing Space

This prevents action against you by your creditors, stopping any collection or enforcement action on your debts.

Your creditors must freeze interest and charges on any of your debts debts included in the breathing space.

Mental Health Crisis Breathing Space

This provides additional protection for anyone unable to manage their debt whilst receiving mental health crisis treatment.

The breathing space lasts as long as the person’s mental health crisis treatment, plus 30 days no matter how long the crisis treatment lasts.

You can only apply for breathing space protection once every 12 months.

Can I get Breathing Space?

To qualify for breathing space you must meet certain criteria to be able to access the scheme.

To get standard breathing space, you must meet the following criteria:

• You must live in England or Wales

• You must owe atleast one debt to a qualifying creditor

• You can not currently be in a Debt Relief Order (DRO), Individual Voluntary Arrangement (IVA), have an undischarged bankruptcy or be subject to an interim order.

• Are unable to repay your debt payments as they fall due

• You can not have had a breathing space in the last 12 months

To enter breathing space, you must seek the advice of a debt adviser. The adviser must assess your suitability for the scheme.

All applications will be considered. However it may de decided that breathing space isn’t the best course of action for you depending on your circumstances.

For example, breathing space might not also be necessary for someone who can enter a debt solution straight away which deals with their debt problem without needing the protection of breathing space.

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An adviser will review your current situation to assess whether you need time to get debt advice and whether you’re likely to be able to enter a debt solution before proceeding with your breathing space application.

It’s important to remember that the breathing space scheme is designed to help people who have already fallen behind on their payments.

If you are currently up to date with your bills and credit repayments and can cover the cost, you won’t be able to apply for the breathing space scheme.

As ALL debts have to be placed into breathing space, you can’t not choose to keep your overdraft or a credit card out of it. These debts will be included in the breathing space and as such, you may lose access to these lines of credit. So you need to think about entering the scheme if you rely on your overdraft or other forms of credit, such as a credit card, to get by.

What is the difference between the standard breathing space scheme and mental health crisis breathing space?

Mental health crisis breathing space gives protection from creditors for people unable to manage problem debt who are also receiving mental health crisis treatment.

It provides the same support as a standard breathing space but there are some key differences.

Standard breathing space lasts for 60 days, a mental health crisis breathing space will last for the duration of your treatment plus 30 days – regardless of how long your treatment lasts.

Unlike standard breathing space, you won’t be required to receive advice and find a long-term solution.

If you’re feel unable to talk to the adviser, you can have someone speak on your behalf and there’s also no limit on the number of times you can enter a mental health crisis breathing space.

Am I eligible for a mental health crisis breathing space?

To be eligible for a mental health crisis breathing space you must meet the same qualification criteria as set out for a standard breathing space.

However, you must also be receiving mental health crisis treatment by an approved mental health professional at the time of application.

Anyone who has had a standard or mental health crisis breathing space in the last 12 months may be eligible for a mental health crisis breathing space and there’s no limit to how many times a person can enter a mental health crisis breathing space

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What debts can be included in breathing space?

Most debts can be included in a breathing space application, but you need to know that you can not pick and choose which ones are included, all qualifying debt has to go on your application.

Qualifying debt can include:

• Rent arrears, mortgage arrears, utility bills, council and business tax, hire purchase arrears and National Insurance

• Mobile phone contract arrears

• Credit card debt

• store cards debt

• catalogue debt

• bank overdrafts

• bank loans

• personal loans

• bank loans

• home-collected credit

• benefit overpayments

• family or personal debts

If you forget any debts when you started Breathing Space you can add a debt to Breathing Space after it has started as long as the debt existed before your Breathing Space began. The protections will then apply for the remainder of the 60 days. For example, if a debt is added to Breathing Space on day 7, protection on that debt would last for 53 days. If any debts were incurred after your Breathing Space started, unfortunately they can’t be added.

What debts can’t be included in breathing space?

Whilst most debts can be included in breathing space debt, there are some exceptions including:

• Secured debts (but the arrears on secured debts do qualify)

• Debts incurred after your Breathing Space started

• Debts incurred because of fraud

• Court fines (penalty charge notices like parking tickets do qualify)

• Obligations from a confiscation order

• Child maintenance or money owed under an order from family court proceedings

• A crisis or budgeting loan

• Student loans

• Personal injury damages

• Advance payments on Universal Credit

• Council tax liabilities that are not due yet

You will need to continue to pay any of the debts listed above. You will also be required to make ongoing payments to any secured debts such as mortgage, car finance and hire purchase agreements, however, you can include any arrears you may have.

Business debts may also not be eligible to be included in the breathing space. If your business is registered for VAT or are in partnership with another person and the debt relates solely to the business, it can’t be included.

How to apply for the Breathing Space scheme

To apply for the ‘Breathing Space’ scheme, you need to talk to a debt adviser. They will submit an application on your behalf if it’s the right thing to do.

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To apply for breathing space, you will need to provide the following:

• Name

• Date of birth

• Address

• Details of who you owe money to

• Trading name and address of business (for self-employed applicants)

If you are self-employed, we will also need the trading name of your business and the address of your business, if there is one.

You’ll also need to give information about the debt you owe, including:

• Addresses of creditors

• Account and reference numbers

• Address

• Collection or enforcement agency details (if applicable)

We can help you gather this information together, just call the team on 0800 3688133 (freephone) or click on the "Get Help Now" button below.

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What happens when you have applied for breathing space?

Once your application is submitted, your Breathing Space will start. This will usually happen within two working days. All creditors included will receive notice of the scheme and should stop collection or enforcement activity.

During the first 20 days of the scheme, creditors can challenge your application for Breathing Space, as well as specific debts being included in the scheme.

The standard breathing space is a temporary measure that will stop collection and enforcement action for 60 days. This should give you time to get debt advice and set up a solution to deal with your debts.

You should speak with your professional debt adviser about the best solution for you and have a debt solution in place for when the breathing space comes to an end.

While most debts can be included in a breathing space, your creditors can ask for the agreement to be reviewed by your adviser.

There are several reasons why they could ask for this:

• If they believe that you don’t meet the eligibility criteria

• They think your debt isn’t eligible for breathing space

• They believe that you have enough money to repay the debt)

Your creditor can apply to the court to have the breathing space cancelled or their debt removed if they don’t agree with the outcome decided by the debt advisor proposing your breathing space.

Your name and address will also be placed on the breathing space register. This is not viewable by the public, only creditors who have a debt included in your breathing space will be able to access the register. Even then, they will only be able to view their debt and your details, which is information they already have.

If you’re worried about your name being on the register and are worried about a risk of violence against you, you can ask your adviser to apply to have your residential address hidden from the register.

Can I apply for breathing space if I have joint debts?

Whilst you can’t technically make a breathing space application in joint names, if your breathing space includes a joint debt, both people will be protected from enforcement action.

While the second person on the debt included in your breathing space will enjoy protections, they won’t appear on the breathing space register.

It is important to remember that if you fall behind on payments for a joint debt it will effect both peoples credit ratings. So if you’re struggling to pay joint debts you should speak to the other person involved as soon as possible.

What do I do when I get breathing space?

Whilst breathing space does offer temporary relief from enforcement action you will still need to carry out specific actions during the 60-day period.

If you’re don’t meet the requirements, your debt adviser can cancel your breathing space which would allow creditors to start debt collection activities again.

Pay your ongoing liabilities:

The first, and most important you need to do whilst in breathing space is to pay your ‘ongoing liabilities’ if you can.

Ongoing liabilities are generally payments that you must make and are not eligible for breathing space. Ongoing liabilities are covered in detail below:

• Your mortgage and/or secured loan payment.

  You will need to keep paying the contractual monthly payments on your mortgage and any other debts secured on your home. You do not have to pay anything towards any arrears that you may have.

• Your rent or lease payment on your property

  You will need to keep paying the contractual monthly payment on the rent or lease on your property. You do not have to pay anything towards any arrears that you may have.

• Council tax and business rates

  If your council tax bill or business rates are still being paid in monthly instalments, you must continue to pay these. If your council has issued a reminder notice or the bill for the whole year has become due, you do not need to continue to make payments.

• Utility bills

  You should continue to pay ongoing usage for your energy and water supplies. You do not have to pay anything towards any arrears that you may have.

• Taxes, duties and National Insurance contributions

  These will be taken directly from your wages as normal.

  If you are self-employed, you need to contact Business Debt Helpline. If you have self assessment arrears/HMRC arrears, they can discuss the best way to deal with these.

• Insurance agreements

  You’ll also need to continue to pay for insurance policies you have in place, such as building and contents insurance, vehicle insurance or life insurance.

It’s also your responsibility to keep your debt adviser up to date with any changes in your circumstances, such as a change in income or redundancy.

You are required to keep in touch with your debt adviser during the breathing space to take steps to resolve your debt situation. You may keep in touch via email or over the phone as you plan a longer-term debt solution.

Avoid credit: You must not borrow more than £500 when you are in breathing space so it’s important to consider how heavily you rely on credit to get by daily before applying.

Do you think you need breathing space?

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Last updated 30 October 2025