Breathing Space from debt
The Breathing Space scheme, formally known as the Debt Respite Scheme, is a government-backed initiative in England and Wales designed to give you a temporary legal protection from creditors while you seek professional debt advice.
The Breathing Space scheme, formally known as the Debt Respite Scheme, is a government-backed initiative in England and Wales designed to give individuals temporary legal protection from creditors while you seek professional debt advice.
There are two distinct types of Breathing Space available in 2026:
1. Standard Breathing Space:
Duration: Lasts for up to 60 days.
Protection: Freezes interest, fees, and charges on qualifying debts and pauses most enforcement actions (such as bailiff visits or court proceedings).
Requirements: You must seek regulated debt advice and stay in contact with your adviser throughout the period.
Frequency: You can only apply for this once every 12 months.
2. Mental Health Crisis Breathing Space:
Duration: Lasts for the full length of a person's mental health crisis treatment, plus an additional 30 days.
Eligibility: Only available to you if you are receiving crisis, emergency, or acute care for a serious mental health condition.
Access: Does not require you to seek debt advice; an Approved Mental Health Professional (AMHP) must provide evidence of their treatment.
Frequency: There is no limit on how many times you can use this.
Key Features and Limitations
Not a Payment Holiday: You are still legally required to pay your debts; Breathing Space only prevents creditors from taking action if you cannot.
Ongoing Liabilities: You must continue paying "ongoing liabilities," such as current rent, mortgage, utility bills, and taxes, to keep your protection.
Qualifying Debts: Covers most common debts, including credit cards, personal loans, overdrafts, and arrears on council tax, rent, or utilities.
Excluded Debts: Certain debts cannot be included, such as court fines, student loans, child maintenance
Application: You cannot apply directly to the government. You must go through a professional debt adviser from our organisation for the standard Breathing Space.
Get help
If you need advice about your situation, we can help for free.
- Email: info@youthlegal.org.uk
- Phone: 020 3195 1906 (Mon to Fri, 10am to 6pm)
- Contact form: youthlegal.org.uk/contact-us
All our advice is free and confidential.