Standard Breathing Space

If you meet the following criteria, you may be eligible for Breathing Space:

• you live in England or Wales
• you have a qualifying debt
• you are not under a Debt Relief Order (DRO), Individual Voluntary Arrangement (IVA), Interim Order, or are an undischarged Bankrupt at the time of application

If you live in Scotland, a Statutory Moratorium is a comparable programme. There is no equivalent plan for Northern Ireland residents.

Mental Health Crisis Breathing Space

You must be undergoing particular therapy to be eligible for Mental Health Crisis Breathing Space.

You’re only qualified if you’ve done the following:

• detained under the Mental Health Act (also known as being sectioned).
• removed to a space of safety under the Mental Health Act
• getting care in a hospital or the community from a specialist mental health team such as the crisis team or the home treatment team

Standard Breathing Space

Breathing Space is only available through an FCA Authorised debt adviser. It’s most certainly a fraud if someone contacts you directly about Breathing Space or offers to arrange it for you for a fee.

Mental Health Crisis Breathing Space

You cannot apply for Breathing Space for Mental Health Crises on your own. You can only apply with the help of an Approved Mental Health Practitioner (AMHP). An AMHP is someone who has been authorised by any local social services authority in England, or by any local social services authority in Wales, under section 114(1) of the Mental Health Act 1983. If you’re looking for an AMHP, you should contact:

• the healthcare professional most involved in your care
• your local adult social services department’s AMHP team
• your neighbourhood’s mental health team

Standard Breathing Space

Breathing Space is meant to allow you time to seek debt help and consider all of your options. This means that you must speak with a debt consultant throughout Breathing Space in order to maintain your protections.

Between days 25 and 35, the adviser must conduct a mid-course review with you to ensure that you are following guidance and satisfying the Breathing Space requirements, which are:

• letting your debt adviser know if your circumstances have changed
• not taking out additional personal or joint borrowing in excess of £500, including overdrafts
• continuing to pay your essential expenses and any debts that Breathing Space does not cover
  
  

Mental Health Crisis Breathing Space

Mental Health Crisis Breathing Space allows you to obtain therapy without fear of being pursued for your debts.

You don’t have to meet the same requirements as Standard Breathing Space, but every 30 days, a Nominated Point of Contact (to be included in the evidence form) must attest that you’re still receiving mental health care.

Breathing Space is not a payment holiday, therefore you should continue to pay bills and make your normal loan repayments if you can.

Your protection will end and the creditors you owe money to will be able to:

• begin charging interest, fees, and penalties on your debts.
• take legal measures to collect the debt
• resume or initiate legal action