Breathing Space

On 4 May 2021 the Government launched the Breathing Space scheme to help people in debt to better manage their finances. Breathing Space can give individuals with problem debt the opportunity to legal protections from their creditors in order to seek advice and guidance on their debts.   
 
There are two types of breathing space: 
  • Standard breathing space
This is available to individuals with problem debt. It gives them legal protection from creditor action for up to 60 days.
  • Mental health crisis breathing space
Is only available to someone who is receiving mental health crisis treatment. It lasts as long as the person’s mental health crisis treatment, plus 30 days.
 
How do I know if I am eligible?
 
To be eligible for a Breathing Space, you need to be an individual who:
  • Is a resident, or normally lives in England or Wales
  • Is not undischarged bankrupt
  • Does not have a current debt relief order, individual voluntary arrangement or an interim order
  • Has not already been entered into a Breathing Space
  • Has a qualifying debt where they cannot meet payments
To enter a mental health crisis Breathing Space, you must meet the above requirements, plus be receiving mental health crisis treatment.
 
What are qualifying debts?
 
The debts that qualify for a Breathing Space are:
  • Council tax arrears
  • Benefit overpayments
  • Parking fines
  • Penalty charges
  • Rent arrears
  • Any other debt, either in a sole or joint name
Debts that are excluded are:
  • Repayment of advances of Universal Credit, PIP, JSA or ESA
  • Ongoing Council Tax and Business Rates payments
  • Ongoing taxes, duties or NI contributions
  • Ongoing rent, insurance or mortgage payments
  • Ongoing utility charges (e.g. gas or electric charges)
  • VAT owed from running a business
  • Debts or liabilities owed due to fraud
  • Child maintenance orders
Breathing space can only be started by a debt advice provider who is authorised by the Financial Conduct Authority to offer debt counselling
 
Please visit the Citizens Advice website for more information.