Mental Health Breathing Space

Breathing Space is a Debt Respite Scheme introduced by the government in 2020

The scheme allows debtors the opportunity to receive a period of legal protection or ‘Breathing Space’ from their creditors (people who they owe money to) whilst receiving debt advice. This is known as a Moratorium.

This means a creditor cannot actively contact the individual or collect their debt whilst Breathing Space is applied.

There are two types:

1. 1. The standard Breathing Space Moratorium – available to everyone annually
   2. The Mental Health Crisis Breathing Space Moratorium. – this protocol is primarily concerned with the mental health crisis Breathing Space

What is a mental health crisis breathing space?

Mental Health Breathing Space is a debt respite scheme. It provides protections for people who are resident in England and Wales who are in problem debt. The protections include pausing enforcement action and contact from creditors and freezing interest and charges on their debts. A standard breathing space is available to anyone in problem debt who accesses debt advice and meets the eligibility criteria and conditions.

A mental health crisis breathing space will help stop you being chased or charged fees and interest on your debts for as long as you are receiving crisis treatment, and for 30 days after your treatment ends. The aim is to create time and space for you to get the treatment you need, without having to worry about your debts growing or your creditors contacting you during your treatment.

The Approved Mental Health Professional (AMHP) has professional expertise in assessing individuals with the most serious mental health conditions and their understanding of the applicable legislation, determinants of mental health and appropriate therapies for mental health crisis is crucial. The expertise of the AMHP allows the debt advice provider receiving the evidence form to trust that the person is receiving mental health crisis treatment without further research or assessment. It is also necessary for a clearly identifiable group with relevant expertise and robust professional standards to be given specific statutory powers.

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