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The Debt Respite Scheme (otherwise known as 'Breathing Space') will give someone in problem debt the right to legal protections from their creditors.

There are two types of Breathing Space:

Standard Breathing Space

A standard breathing space is available to anyone with problem debt. It gives them legal protections from creditor action for up to 60 days. The protections include pausing most enforcement action and contact from creditors as well as freezing most interest and charges on their debts.

Mental Health Crisis Breathing Space 

MHCBS is only available to someone who is receiving mental health crisis treatment and it has some stronger protections. It lasts as long as the person's mental health crisis treatment goes on, plus 30 days (no matter how long the crisis treatment lasts).

You may be eligible for MHCBS if you are a resident in England or Wales receiving mental health crisis treatment (including if that treatment has already started).

'Receiving mental health crisis treatment' means that you:

• have been detained in hospital under a section of the Mental Health Act for assessment or treatment
• have been removed to a place of safety by police due to concerns about your mental health
• are receiving any other crisis, emergency, or acute care treatment in hospital or in the community from a specialist mental health service in relation to a mental disorder of a serious nature

The types of treatment can include services offered by:

• community mental health services
• home treatment teams
• crisis resolution teams 

To make a referral for MHCBS, fill out and return the form below:

Download: MHCBS Referral form

You can refer yourself for MHCBS, or one of the following people may make a referral on your behalf:

• your carer or representative
• a mental health nurse
• your GP or other healthcare professional
• a social worker or an Approved Mental Health Professional (AMHP)
• your care coordinator
• an Independent Mental Health Advocate (IMHA)

Please download the Breathing Space referral form to refer yourself or somebody else.

Once you have submitted the referral form, the next steps are:

• a referral is made to Ïã¸ÛÁùºÏ²Ê×ÊÁÏͼ¿â County Council
• an Approved Mental Health Professional (AMHP) will check whether you are receiving mental health crisis treatment
• if you are eligible, the AMHP will send an application to an approved debt adviser
• the MHCBS will start the day after the debt adviser receives the application form
• every 20 to 30 days the debt adviser will check whether you are still receiving crisis treatment
• once the crisis treatment has ended, the Breathing Space will carry on for a further 30 days

Once your MHCBS starts, it will last for as long as you receive mental health crisis treatment, plus another 30 days. 

Breathing Space will:

• reduce the stress of debt while you receive mental health treatment 
• put you in touch with a specialist debt adviser to help you manage your debts once you are feeling better and no longer in need of crisis treatment

Whilst you are in the MHCBS, your creditors can't:

• charge you further interest or fees on the debts listed in your breathing space
• take any enforcement action
• instruct enforcement agents or bailiffs to recover the debt