Breathing Space: 60 Days of Legal Protection From Creditors
The Breathing Space (Debt Respite Scheme) gives people in problem debt 60 days of legal protection from creditor action, enforcement, interest, and charges. It was introduced in England and Wales in May 2021. Scotland has a similar scheme called the Moratorium on Diligence. This guide explains who qualifies, what protection you get, and how to apply.
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England, Scotland, Wales & Northern Ireland.
What is Breathing Space?
Breathing Space is a legal scheme that gives you 60 days of protection while you work with a debt adviser to find a long-term solution. During those 60 days:
- ✓Creditors cannot contact you to demand payment
- ✓No new enforcement action can be started (bailiff visits, court applications, etc.)
- ✓Most interest and charges are frozen
- ✓County Court proceedings cannot be started or continued
- ✓Existing bailiff action is paused
- ✓Your debt adviser helps you find a longer-term solution (DMP, IVA, bankruptcy, etc.)
Who can apply?
To apply for Standard Breathing Space, you must:
- ✓Have at least one qualifying debt (most consumer debts qualify, credit cards, loans, overdrafts, utility bills, council tax)
- ✓Not currently have an IVA, DRO, or be bankrupt
- ✓Not have had a Breathing Space in the last 12 months
- ✓Work with an FCA-authorised debt adviser or a local authority
Mental Health Crisis Moratorium
There is a separate Mental Health Crisis Moratorium for people receiving mental health crisis treatment. This provides the same protections as Standard Breathing Space but:
- ✓It lasts for the duration of the mental health crisis treatment plus 30 days
- ✓There is no limit on how many times you can apply
- ✓You don't have to meet with a debt adviser during the moratorium
- ✓A mental health professional (not you) applies on your behalf
- ✓The 12-month restriction between applications does not apply
How to apply
Debts not covered by Breathing Space
Most consumer debts are covered, but some are excluded:
- ✓Secured debts (mortgage repossession proceedings are not paused)
- ✓Domestic support, child maintenance obligations
- ✓Debts incurred after the Breathing Space starts
- ✓Criminal fines
- ✓Student loans
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
What is Breathing Space?
Breathing Space (officially the Debt Respite Scheme) is a government scheme that gives you legal protection from creditor action for 60 days while you get debt advice. During this period, creditors cannot add interest or charges, contact you about the debt, or take enforcement action. It is available in England and Wales only.
Which debts are covered by Breathing Space?
Most personal debts are covered, including credit cards, loans, overdrafts, utility arrears, rent arrears, and council tax. Some debts are excluded, including secured debts where the asset is at immediate risk, debts incurred through fraud, and some student loans. Child maintenance and court-ordered payments are also excluded.
How do I apply for Breathing Space?
You cannot apply directly, you must go through an FCA-authorised debt adviser. You can access this through Citizens Advice, StepChange, National Debtline, or another approved provider. They will register you on the government's Breathing Space register. The process is free.
What is the Mental Health Crisis Moratorium?
People receiving mental health crisis treatment can access an extended Moratorium that lasts for the duration of the treatment plus 30 days, with no maximum time limit. Unlike standard Breathing Space, there is no requirement to actively engage with debt advice during the crisis treatment period.
Can Breathing Space be cancelled?
Yes. Your Breathing Space can be cancelled if you do not engage with the debt advice process, take on new credit, pay some creditors in preference to others, or if your circumstances change significantly. Your debt adviser is responsible for monitoring the scheme and can cancel it if you are no longer eligible.
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