Breathing Space: temporary protection from your creditors
This scheme is open.
England and Wales only.
Breathing Space, officially the Debt Respite Scheme, gives you temporary legal protection from your creditors in England and Wales while you get debt advice and work out a plan. It comes in two forms with different lengths, and you get it through a debt adviser rather than by applying yourself.
“You can get temporary protection for up to 60 days. If you're getting mental health crisis treatment, your protection from creditors will be longer. It will last for the length of your treatment, plus another 30 days.”
What protection Breathing Space gives you
While you are in Breathing Space, creditors covered by it cannot take enforcement action against you, cannot contact you about the debts included, and cannot add further interest or charges to those debts. It is a pause on collection activity, not a write-off — you still need to keep up your ongoing repayments during that time.
“If you get it: enforcement action cannot be taken against you, your creditors cannot contact you about debts included in your Breathing Space, your creditors cannot add interest or charges to your debt.”
The standard version and the mental-health crisis version
There are two versions of Breathing Space, and they run for different lengths of time. The standard version gives you a fixed period of protection while you get debt advice and put a plan together. If you are receiving treatment for a mental health crisis, a longer version applies instead, tied to how long that treatment lasts rather than to a fixed number of days.
Under the mental health crisis version, someone else — for example a friend, family member, or an approved mental health professional involved in your care — can start the application on your behalf if you are not able to contact a debt adviser yourself.
How you access Breathing Space
You cannot apply for Breathing Space directly. A debt adviser assesses your situation and, if it is the right fit, submits the application on your behalf. Free debt advisers can be found through the MoneyHelper website, which lists organisations offering advice online, over the phone, or in person.
It is free to apply for Breathing Space, but some debt advisers may charge you a fee for their service. You do not have to use a paid adviser — MoneyHelper lists free debt advisers who can apply on your behalf.
“It's free to apply for 'Breathing Space', but some debt advisers may charge you a fee.”
“These Regulations extend to England and Wales only.”
Who can get it
GOV.UK's guidance on dealing with debt sets out the main conditions: you generally need to not already have a Debt Relief Order, an Individual Voluntary Arrangement or an interim order, and not be an undischarged bankrupt at the time you apply. You also cannot already be in a Breathing Space, and cannot normally have used one in the previous twelve months — unless the new application is for a mental health crisis, where that twelve-month limit does not apply in the same way.
A debt adviser checks these conditions as part of assessing whether Breathing Space is suitable for you, alongside looking at your overall situation and what else might help.
What happens when it ends
Breathing Space is a fixed window, not an ongoing arrangement. By the time it ends, the expectation is that you and your debt adviser have agreed a next step — for example a debt management plan, a formal insolvency solution, or an informal arrangement with creditors.
Council tax arrears are a priority debt because a council can move to enforcement relatively quickly if payments are missed.
“Your council will send you a reminder notice giving you 7 days to pay if you miss a payment. If you do not pay within 7 days, you'll have to pay the whole year's Council Tax instead.”
Common questions
How long does Breathing Space last?
The standard version runs for a fixed period. If you are receiving mental health crisis treatment, a longer version applies instead, lasting for the length of that treatment plus a further period afterwards. A debt adviser can confirm exactly how the timing applies to you.
Do I still have to pay my bills during Breathing Space?
Yes. Breathing Space stops creditors chasing you and adding interest on the debts it covers, but it does not remove your ongoing responsibility to keep up repayments during that time.
Can I apply for Breathing Space myself?
No. You need to go through a debt adviser, who checks whether it is suitable and submits the application on your behalf. Free advisers can be found through MoneyHelper.
What if I cannot contact an adviser because of a mental health crisis?
Under the mental health crisis version, someone else involved in your care — such as a family member or a mental health professional — can start the application for you.
Does Breathing Space apply in Scotland?
No. The regulations that set up Breathing Space extend to England and Wales only. Scotland has its own separate statutory scheme, the Debt Arrangement Scheme, administered by the Accountant in Bankruptcy.
What happens after Breathing Space ends?
It is a temporary pause, not a permanent fix. You and your debt adviser are expected to have worked out what happens next — which could be a formal debt solution, a repayment plan, or another route depending on your circumstances.
Related guides
- Debt Relief Order (DRO): what it is and how to apply
- Debt Arrangement Scheme (DAS): Scotland’s statutory debt solution
- Budgeting Loan: the interest-free loan for people on legacy benefits
- Budgeting Advance: the Universal Credit loan you pay back
- Council Tax Reduction: how much you could get off your bill
Information on this page was checked against the official guidance on 25 August 2026. The source page was last updated on 8 November 2024.
This is general information, not financial or legal advice. Money Decisions UK is not authorised by the Financial Conduct Authority and does not arrange, recommend or introduce any credit, debt or mortgage product.