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)

You will need to go to the following page: Get Debt Relief with Mental Health Crisis Breathing Space.

Click the link then follow the instructions below.

Step 1: Create Your Account

To begin, you’ll need to create an account. If you don’t already have one, visit the account creation page and follow the instructions. If you already have an account, log in using the Login button in the top-right corner of the screen.

Note: If you experience any difficulties, refer to the “Account Creation Guide” by typing it into the search bar at the top of the screen.

Step 2: Begin Your Application

Once logged in, click the purple ‘Apply for MHCBS’ button in the top-right corner of the screen to start your application. Follow the on-screen instructions.

Step 3: Select Your Role "Before you begin"

On this screen, you will be asked to identify your role. If you have applied before, you will be taken to the "Before you begin" screen.

The options include:

• yes, I am the debtor: You are applying for yourself
• no, I am applying on behalf of someone else as their authorised representative: You are applying on behalf of someone else. To do this, you must be one of the eligible roles listed under the ‘Relationship Type’ dropdown list (Regulation 29)
• no, I am looking for more information on how to refer someone else: Select this if you are looking for guidance or information about applying for MHCBS

Select the options that best match your situation and click Next to continue.

Important: Your choice personalises the application process. Be sure to check you have selected the correct role in the MHCBS Application.

Step 4: Provide Your Details

This section collects essential information to support your application:

• Personal Information: Enter your full name, date of birth, email address, and phone number
• Address Disclosure: If disclosing your address could lead to harm, check the appropriate box and provide an explanation. This complies with Regulation 38
• Debt Information: Provide as much detail as possible about the debts you owe. This step is optional but will help expedite the process
• Support Needs: Indicate any additional support or adjustments required
• Consent: Carefully review the privacy and data usage statement. You must agree to proceed

Important: Ensure the address disclosure question is answered accurately, as it may impact how your case is processed.

Step 5: Provide Approved Mental Health Professional (AMHP) Details

Provide the AMHP’s contact information. Mandatory fields are marked with an asterisk (*). Use the AMHP Hub contact email of AMHPteam@worcestershire.gov.uk

The AMHP must confirm your eligibility under the MHCBS scheme.

Consult the AMHP Role Guide if unsure about their role or contact information.

Always check for consent before sharing other people's data.

Important: Providing false information may result in application rejection or moratorium cancellation.

Step 6: Provide Nominated Point of Contact (NPOC) Details

If you’re not the NPOC, provide their contact details, including full name, phone number, and email address. Adding an Alternative Point of Contact (APOC) is recommended to avoid disruptions.

Step 7: Sent the form to AMHP for signature

After you complete the form, it will be automatically sent to the AMHP for signature and final submission.

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

• a referral is made to Worcestershire 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 complete the signatory fields
• 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