Breathing Space (Debt Respite Scheme)

Breathing Space provides a legally protected period during which creditors are prohibited from taking most enforcement action against you. Once your debt adviser registers you for the scheme on the Insolvency Service's online register, the protections take effect within three working days of your creditors being notified.

During the 60-day period:

• Creditors cannot contact you to demand payment of qualifying debts
• Interest and charges on qualifying debts are frozen
• Creditors cannot apply for County Court Judgments, attachment of earnings orders, or charging orders in relation to qualifying debts
• Bailiff action is paused for qualifying debts
• Any enforcement proceedings already started are put on hold

The purpose of Breathing Space is to give you a realistic window to engage with debt advice and find a sustainable solution — whether that is a debt management plan, bankruptcy, an Individual Voluntary Arrangement, or another route. It is not a debt solution in itself.

The scheme is administered by the Insolvency Service. Debt advisers can register clients through the Debt Respite Scheme online portal. Creditors can check the register to see whether a debtor is in Breathing Space.

To be eligible for a Standard Breathing Space you must:

• Be an individual (not a company or other legal entity)
• Be a resident of England or Wales
• Have qualifying debt that you cannot repay — or be at risk of being unable to repay
• Not already be in a Breathing Space
• Not have had a Standard Breathing Space in the previous 12 months
• Not currently be subject to an IVA, DRO, or bankruptcy order

The debt adviser assessing your application must also be satisfied that Breathing Space is appropriate for your circumstances. They will check that you have not already had a recent Standard Breathing Space and that applying would genuinely benefit you.

A Mental Health Crisis Breathing Space is available if you are receiving mental health crisis treatment (as confirmed by an Approved Mental Health Professional or a health professional involved in your care). This type lasts for the duration of your crisis treatment plus 30 days, and there is no restriction on how often it can be used.

You cannot apply for Breathing Space directly — you must go through a regulated debt adviser. This includes:

• Citizens Advice — free debt advice available online, by phone, and in person across England and Wales
• StepChange Debt Charity — free online debt advice tool and phone line (0800 138 1111)
• National Debtline — free phone and web chat debt advice (0808 808 4000)
• Local debt advice services — funded by the Money and Pensions Service
• Insolvency practitioners — for more complex situations

Your debt adviser will review your income, outgoings, assets, and debts to assess your situation. If they recommend Breathing Space, they will register you on the scheme and notify your creditors. You will receive confirmation of the protection and a list of your qualifying debts.

During the 60 days you must keep in contact with your adviser and continue to meet any ongoing commitments (such as mortgage payments and current utility bills) where possible. If you stop engaging or your circumstances change significantly, your adviser may cancel the Breathing Space early.

Not all debts are qualifying debts under the scheme. The following are excluded and continue as normal even if you have Breathing Space protection:

• Secured debts — including your mortgage and other loans secured on property
• Student loans
• Criminal fines
• Obligations under family court orders (such as maintenance or child support)
• Confiscation orders
• Debts incurred through fraud

This means that if you fall behind on your mortgage during Breathing Space, your lender can still take possession proceedings. It is therefore important to prioritise secured debts and any ongoing essential bills even while the scheme protects your other debts. Your debt adviser will help you identify which obligations remain active.