Skip to main content
Youth Legal
Debt , Debt and Money Advice, Dealing with Debt· 2 min read

Breathing Space from debt

The Breathing Space scheme gives you temporary legal protection from creditors while you get professional debt advice. It freezes interest and charges and pauses enforcement action. Contact Youth Legal to find out if you are eligible.

Breathing Space from debt

If you are struggling with debt and feel like things are getting on top of you, the Breathing Space scheme could give you some room to sort things out. It provides temporary legal protection from your creditors while you get professional debt advice.

Breathing Space is formally known as the Debt Respite Scheme. It is a government-backed initiative available in England and Wales.

1. Standard Breathing Space

  • Duration: lasts for up to 60 days.
  • Protection: freezes interest, fees, and charges on qualifying debts and pauses most enforcement actions (such as bailiff visits or court proceedings).
  • Requirements: you must seek regulated debt advice and stay in contact with your adviser throughout the period.
  • Frequency: you can only apply for this once every 12 months.

2. Mental Health Crisis Breathing Space

  • Duration: lasts for the full length of your mental health crisis treatment, plus an additional 30 days.
  • Eligibility: only available if you are receiving crisis, emergency, or acute care for a serious mental health condition.
  • Access: does not require you to seek debt advice. An Approved Mental Health Professional (AMHP) must provide evidence of your treatment.
  • Frequency: there is no limit on how many times you can use this.

Key features and limitations

  • Not a payment holiday: you are still legally required to pay your debts. Breathing Space only prevents creditors from taking action if you cannot pay.
  • Ongoing liabilities: you must continue paying ongoing liabilities, such as current rent, mortgage, utility bills, and taxes, to keep your protection.
  • Qualifying debts: covers most common debts, including credit cards, personal loans, overdrafts, and arrears on council tax, rent, or utilities.
  • Excluded debts: certain debts cannot be included, such as court fines, student loans, and child maintenance arrears.
  • How to apply: you cannot apply directly to the government. You must go through a professional debt adviser. Youth Legal can help you with this for the standard Breathing Space.

Get help

If you think Breathing Space could help you, or if you are unsure which type you might qualify for, get in touch with Youth Legal.

All our advice is free and confidential.

Get Help