Breathing Space Scheme UK: 60 Days of Legal Debt Protection Explained
Updated May 2026 · England and Wales only · GOV.UK verified · 9 min read
The calls do not stop. The letters keep coming. You know you need to sort your debt but you cannot think straight when creditors are chasing you every day.
The Breathing Space scheme gives you 60 days of legal protection from your creditors — completely free. Interest freezes. Enforcement stops. The calls stop.
It does not write off your debt. But it gives you the space to think, get proper advice, and find a real solution without everything getting worse while you do.
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Try the Free AI Debt Payoff Planner →What Is the Breathing Space Scheme?
Formally called the Debt Respite Scheme, Breathing Space is a UK Government scheme that came into force on 4 May 2021. It gives people in problem debt legal protections from their creditors while they get debt advice.
There are two types:
Standard Breathing Space — 60 days
Available to anyone with problem debt who meets the eligibility criteria. Gives you 60 days of legal protection from creditor action while you get debt advice and find a long-term solution.
Mental Health Crisis Breathing Space — treatment duration + 30 days
Available to anyone currently receiving mental health crisis treatment. Lasts for the full duration of your treatment plus an additional 30 days. Can be applied for more than once a year — unlike the standard version.
Key facts — verified May 2026
What Protections Do You Get?
Once your Breathing Space is approved, creditors must immediately:
- Stop adding interest, fees, and penalties to your included debts
- Stop all contact with you about included debts
- Pause any enforcement or recovery action already in progress
- Not instruct debt collection agents against you
- Not start or continue legal proceedings for included debts
- Not apply for a County Court Judgment (CCJ)
This gives you 60 days of genuine breathing room — enough time to get proper free debt advice, compare all your options including DROs, IVAs, and Debt Management Plans, and make a decision without your situation getting worse while you do.
Who Qualifies for Breathing Space?
To qualify for a standard Breathing Space your debt adviser must confirm that you:
Are an individual living in England or Wales
Breathing Space is not available in Scotland or Northern Ireland. Scotland has its own debt solutions through the Accountant in Bankruptcy.
Owe at least one qualifying debt
Most unsecured debts qualify — credit cards, loans, overdrafts, utility arrears, council tax, rent arrears, and benefit overpayments. Secured debts like mortgages have limited inclusion.
Are not in an active DRO, IVA, or bankruptcy
You cannot use Breathing Space alongside another formal debt solution. If you are already in one of these you are already protected through that arrangement.
Have not had a standard Breathing Space in the last 12 months
The standard version is limited to once per year. There is no limit on the mental health crisis version.
Are unlikely to be able to repay your debts
If your adviser believes you could repay with budgeting help, they may not grant a Breathing Space. They must be satisfied you genuinely need the protection.
What Debts Can Be Included?
Can be included
- Credit cards
- Personal loans
- Overdrafts
- Buy now pay later
- Utility bill arrears
- Council tax arrears
- Rent arrears
- Benefit overpayments
- Payday loans
Cannot be included
- Secured mortgage debt
- Student loans
- Child maintenance
- Court fines
- Fraud debts
- Social fund loans
- Crisis loans
How to Apply for Breathing Space
You cannot apply directly to the Insolvency Service. You must go through a free FCA authorised debt adviser who applies on your behalf.
STEP 01
Contact StepChange or Citizens Advice
Both are FCA authorised and completely free. StepChange at stepchange.org is the fastest route. They will assess your situation and apply for Breathing Space on your behalf if you qualify.
STEP 02
Your adviser assesses eligibility
They review your debts, income, and situation. If you qualify they submit the application to the Insolvency Service electronically. No court hearing required.
STEP 03
Breathing Space starts — creditors notified
Once approved your creditors are legally notified and must apply the protections immediately. Your details are added to the Insolvency Service register.
STEP 04
Use the 60 days to find a real solution
Work with your adviser to compare all your options — DRO, IVA, Debt Management Plan, or a structured repayment plan. Breathing Space is a pause not a solution. Use the time well.
See how much interest is building on your debt right now
The Minimum Payment Trap Calculator shows you exactly what your debt is costing every month — and what a plan saves you.
Try the Free Minimum Payment Trap Calculator →What Happens When Breathing Space Ends?
When the 60 days end your Breathing Space stops and normal creditor rights resume. Your debt does not disappear. Interest can start being added again.
This is why using the 60 days properly matters. The goal is to have a plan agreed before it ends — not to arrive at day 61 back where you started.
If you enter a formal debt solution like a DRO or IVA during the 60 days, those arrangements carry their own protections that continue after Breathing Space ends.
Breathing Space vs Other UK Debt Solutions
| Breathing Space | DRO | IVA | |
|---|---|---|---|
| Debt written off? | No | Yes — after 12 months | Yes — remainder after payments |
| Duration | 60 days | 12 months | 5–6 years |
| Cost | Free | Free | £3,500–£7,000 |
| Credit file impact | Minimal | 6 years | 6 years |
| Monthly payments | None required | None | Yes — 5–6 years |
Related UK debt guides:
After Breathing Space — rebuild your credit score
The Credit Repair Blueprint gives you a 90-day step-by-step plan with dispute templates to start recovering your credit after debt problems.
Get the Credit Repair Blueprint — £17 →Frequently Asked Questions
Does Breathing Space write off my debt?
No. Breathing Space freezes creditor action and interest for 60 days — it does not write off or reduce your debt. When the 60 days end your debt remains. The purpose is to give you protected time to find a long-term solution.
Can I apply for Breathing Space myself?
No. You must go through an FCA authorised debt adviser who submits the application on your behalf. StepChange and Citizens Advice are both approved and completely free. You cannot apply directly to the Insolvency Service.
Will Breathing Space affect my credit score?
Breathing Space itself does not appear on your credit file as a formal insolvency. However any missed payments or defaults that led you to apply will already be showing. It is significantly less damaging to your credit file than a DRO, IVA, or bankruptcy.
Can I use Breathing Space more than once?
The standard Breathing Space can only be used once every 12 months. The Mental Health Crisis Breathing Space has no such limit — it can be applied for multiple times in a year if the circumstances require it.
Is Breathing Space available in Scotland?
No. The Breathing Space Debt Respite Scheme is only available in England and Wales. Scotland has separate debt solutions through the Accountant in Bankruptcy including the Debt Arrangement Scheme and Minimal Assets Process.
Do I still have to make payments during Breathing Space?
Breathing Space is not a payment holiday. You should still pay ongoing household costs — rent, utilities, council tax. If you miss payments on included debts during Breathing Space your adviser may cancel it. The scheme protects you from creditor action — it does not suspend your obligations.
DebtShift is not regulated by the Financial Conduct Authority. This article is for informational purposes only and does not constitute financial or legal advice. Information verified May 2026 from GOV.UK and the Insolvency Service. For free confidential debt support contact StepChange at stepchange.org or Citizens Advice.
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