# Breathing Space: the debt respite scheme in England and Wales explained

> Breathing Space is a legal pause on most debt collection, interest and charges while someone gets debt advice. This guide explains the 60-day and…

- URL: https://centiview.com/uk-money/breathing-space-debt-respite-england-wales
- Published: 2026-10-21T04:20:00.000Z
- Figures checked: 2026-10-21
- Edited by David A
- Topic: Debt & Credit (UK)
- Publisher: Centiview (Persie Ltd, London)
- General information only, not financial advice

Breathing Space is a legal pause on most debt collection, interest and charges while someone gets debt advice. This guide explains the 60-day and mental health versions, what is covered, and what still has to be paid.

## What Breathing Space is and how it works

Breathing Space, formally the Debt Respite Scheme, has run in England and Wales since 4 May 2021. It gives a person with problem debt a short period of legal protection while they work out a longer-term solution. It is not a debt write-off and it is not a payment holiday: the money is still owed, and the protection exists to stop the debt growing and to stop creditors chasing while the person takes advice. According to the GOV.UK guidance for money advisers, the scheme applies to people who live or usually reside in England or Wales.

You cannot simply declare a Breathing Space yourself. It has to be set up through an authorised debt adviser, meaning an organisation authorised by the Financial Conduct Authority to give debt advice, or a local authority that provides debt advice. The adviser assesses whether you are eligible, notifies creditors through a system run by the Insolvency Service, and stays your main point of contact. GOV.UK guidance states that a client cannot be charged for entering a Breathing Space, so the route is free to the person using it.

## The two versions and their key figures

There are two versions. The standard Breathing Space lasts up to 60 days and then ends automatically. The adviser must carry out a midway review between day 25 and day 35 to check that the person is cooperating and meeting their ongoing payments. A standard Breathing Space cannot be started if you already have one, or had one in the last 12 months. The mental health crisis Breathing Space is different: it lasts for as long as a person is receiving mental health crisis treatment, plus 30 days.

The mental health version is set up through an Approved Mental Health Professional, who confirms that the person is receiving crisis treatment. According to the GOV.UK guidance, the person themselves, a carer, a social worker, a care co-ordinator or another representative can start the process. It has no 60-day cap, no midway review, no requirement to engage with debt advice, and no limit on how many times it can be used. It gives the same protections as the standard version.

> **Key numbers** Standard Breathing Space: up to 60 days, midway review between day 25 and day 35, one per 12 months. Mental health crisis Breathing Space: length of crisis treatment plus 30 days, no limit on use. Extra borrowing during a standard Breathing Space: not more than £500. Rules as published on GOV.UK, last updated 9 June 2023, checked 21 October 2026.

## What it stops, and which debts are covered

Once creditors are notified, they must stop charging interest, fees and penalties on the covered debt, and must stop enforcement action, including bailiff visits, bankruptcy petitions, new deductions from benefits and disconnecting gas or electricity for the covered debt. They must also stop asking the person to repay it, though they can still talk to the debt adviser. Charges cannot be backdated once the protection ends, unless a court allows it, although interest and fees can restart from the day it ends.

Most personal debts are covered, including credit cards, store cards, personal loans, payday loans, overdrafts, utility arrears, and mortgage or rent arrears that already existed when the application was made. Some debts are not covered. These include court fines, child maintenance, student loans, advance payments of Universal Credit, Social Fund crisis and budgeting loans, debts from fraud, and damages for death or personal injury. Secured debts, such as a mortgage, are protected only for existing arrears. Council tax is covered only once the year's instalments have all fallen due unpaid, or a reminder notice has been served. Guarantors are not protected, although joint debtors are.

## What you still have to pay

The protection does not cover everyday living costs. During a standard Breathing Space, a person is expected to keep paying their ongoing liabilities if they can: the mortgage or rent on their main home, insurance, taxes and National Insurance, local taxes, and water, sewerage, gas, electricity and other fuel bills. Failing to do so without good reason can lead the adviser to cancel the Breathing Space at the midway review, unless the person genuinely lacked the means to pay. The person must also keep in touch with the adviser and report changes in their circumstances.

## A worked example

The figures here are illustrative only. Suppose someone owes £2,400 on a credit card and £600 on an overdraft, and pays £650 a month in rent. The standard Breathing Space lasts up to 60 days, which is roughly two months. During that time the interest and fees on the £2,400 and £600 (a total of £2,400 + £600 = £3,000) are frozen, and the creditors stop chasing. The rent is an ongoing liability, so about 2 x £650 = £1,300 of rent still falls due over the two months. After the period ends the £3,000 is still owed, so the time is typically used to arrange a longer-term solution, such as a repayment plan, with the adviser.

## Who it applies to, and common mistakes

It applies to individuals who owe qualifying debts and live in England or Wales. It does not apply to someone who has a debt relief order, an individual voluntary arrangement or an interim order, or who is an undischarged bankrupt. Scotland has a separate statutory moratorium: according to mygov.scot it lasts 6 months, can be applied for once in 12 months, and does not stop interest or charges being added. The Department for Communities states that Breathing Space is not yet available in Northern Ireland. Common mistakes include assuming rent and bills are paused, assuming every debt is covered, and assuming the debt disappears at the end.

## Where to get free help

Free, regulated debt advice is available from services such as Citizens Advice, StepChange and MoneyHelper's debt advice finder. Many people find it helpful to ask an adviser early, because only an authorised adviser can set up the scheme. A January 2026 Citizens Advice report notes that take-up has been below forecasts and that some people find 60 days too short, so a Breathing Space is often one step in a longer plan rather than a complete answer.

## Check before you act

Rules and time limits can change, and the scheme is reviewed periodically, so it can be worth confirming the details on the official pages linked below or with a free debt adviser before relying on anything in this guide.

### Sources
- [GOV.UK, Debt Respite Scheme guidance for money advisers](https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance/debt-respite-scheme-breathing-space-guidance-for-money-advisers)
- [GOV.UK, Debt Respite Scheme guidance for creditors](https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance/debt-respite-scheme-breathing-space-guidance-for-creditors)
- [GOV.UK, Guidance on mental health crisis Breathing Space](https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance-on-mental-health-crisis-breathing-space)
- [mygov.scot, Apply for a moratorium](https://www.mygov.scot/apply-for-moratorium)
- [Department for Communities (NI), Debt respite Breathing Space scheme](https://www.communities-ni.gov.uk/articles/debt-respite-breathing-space-scheme)
- [Citizens Advice, More room to breathe (January 2026)](https://www.citizensadvice.org.uk/policy/publications/more-room-to-breathe-building-on-five-years-of-breathing-space/)
