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Taking new credit while the Breathing Space debt scheme protects you

The Breathing Space debt scheme gives people in England and Wales a pause from most creditor action while they get debt advice. Interest, charges and enforcement on qualifying debts are frozen, but nothing is cancelled and borrowing taken out after the start date is not covered. Here is how the respite works, what it asks of you and why a fresh loan rarely helps.

What the Breathing Space debt scheme actually freezes

The protection, formally called the debt respite scheme, began in May 2021 and is administered by the Insolvency Service. Once an authorised debt adviser or a council debt team registers you, creditors holding qualifying debts must stop adding interest, fees and charges and must pause enforcement such as court claims, bailiff visits and most collection contact. Your details sit on a private electronic register that creditors can check, not on a public list.

Almost all personal debts qualify, including credit cards, personal loans, overdrafts, catalogue accounts and arrears of rent, energy or council tax. Some obligations sit outside it: secured lending such as a mortgage or hire purchase (although arrears existing on the application date can be included), student loans, child maintenance, court fines, social fund loans and advances of Universal Credit. Knowing which side of that line each debt falls on shapes every later decision.

Two versions with different lengths

A standard breathing space lasts up to 60 days and can be used once in any 12-month period. A mental health crisis breathing space lasts for as long as crisis treatment continues, plus 30 days, with no limit on how often it can be used. It needs evidence from an Approved Mental Health Professional, and a carer, social worker or care coordinator can apply to a debt adviser for the person.

Why a loan taken during the pause stays unprotected

Debts incurred after the protection starts are generally not qualifying debts, so a fresh loan arrives without frozen interest and without any pause on enforcement. That creates an uneven position: the old balances wait quietly while the new lender can charge, chase and register a default in the normal way. Missed instalments on that agreement can quickly become the most aggressive pressure in an already stretched household budget.

Borrowing during the pause also works against its purpose. Advisers use these weeks to measure what you can genuinely afford and to recommend a route such as a debt management plan, a Debt Relief Order, an IVA or bankruptcy. A new monthly commitment shrinks the surplus available to existing creditors, may change which solution fits, and can lead lenders to question whether earlier applications described your situation accurately.

An approval is not proof of affordability

Being on the register does not stop a bank, card issuer or buy now pay later provider from accepting an application. An offer simply reflects that lender's own scoring, not a judgement on your whole budget. If you feel tempted, tell your adviser first and ask them to show the effect of the extra instalment on the financial statement they are preparing for your creditors.

Your obligations under the Breathing Space debt scheme

The respite is not a payment holiday. You are expected to keep paying ongoing liabilities where you can: the mortgage or rent on your home, council tax, water, energy, insurance and any taxes that fall due during the period. Creditors may still accept voluntary payments, including existing direct debits, so cancelling every payment at once can leave you worse placed when the protection comes to an end.

During a standard breathing space the adviser must carry out a midway review between day 25 and day 35. If you have stopped engaging, have not met your obligations or can in fact afford to pay what you owe, the adviser can cancel the protection early. Answering calls, returning paperwork and reporting changes in income or spending are therefore part of keeping the shield in place until a solution is ready.

Creditors are allowed to challenge it

A creditor who believes the protection is unfair can ask the adviser to review it and, in some situations, apply to court. Keeping clear records of income, essential bills and any payments made during the period gives your adviser the evidence needed to defend the arrangement if a lender disputes your eligibility or claims you are able to pay.

Meeting an urgent cost without adding new debt

The urge to borrow usually comes from a single event: a broken boiler, a car repair needed for work, or a deposit for cheaper accommodation. Write down the exact cost, the date it must be paid and what happens if it is not. Separating a one-off emergency from a recurring monthly shortfall matters, because each needs a different answer and neither is solved by another high-cost agreement.

For one-off costs, ask about local welfare assistance from your council, an interest-free Budgeting Advance if you claim Universal Credit, charitable grants, energy supplier hardship funds or a payment arrangement with whoever provides the service. For a monthly gap, the realistic response is to review income, check benefit entitlement and accept that the eventual solution must reduce what goes to creditors rather than introduce another one.

Questions to answer before signing anything

What is the total repayable once fees are included? Would the instalment still be payable if your hours or benefits fell? Has your adviser seen the offer? Could the expense be postponed, shared or covered by a grant? If any answer is uncertain, waiting a few days costs far less than a default on an agreement that sits outside the protection.

Planning the exit before the Breathing Space debt scheme ends

A standard breathing space ends automatically after 60 days unless it is cancelled sooner. From the following day, interest and charges can resume and creditors may restart collection. The weeks inside the debt respite scheme are best spent agreeing what comes next, so that a formal solution or negotiated plan is ready to begin before the protection lapses rather than several weeks after it.

Your adviser will compare options against the full budget: a debt management plan where there is a steady surplus, a Debt Relief Order where income and assets are low, an Individual Voluntary Arrangement for larger balances, or bankruptcy when nothing else is workable. Each route carries its own restrictions on new credit, so a loan taken during the respite could block or complicate the solution chosen at the end.

When crisis treatment stops

A mental health crisis breathing space ends 30 days after treatment stops, and the adviser checks progress with a nominated point of contact while it runs. Relatives and care teams can help by keeping post together, recording which creditors have been told and making sure an appointment with the adviser is booked before those final days run out.

Who can register you and how an application works

You cannot register yourself. The protection must be started by a debt adviser authorised by the Financial Conduct Authority to give debt counselling, or by a local authority that offers debt advice to residents. The adviser checks that you live in England or Wales, have debts you cannot pay, are not in a formal insolvency procedure and have not had a standard breathing space in the previous twelve months.

Free advice charities, national helplines and some council money advice teams can apply on your behalf, usually after a full budget review. Gather recent bank statements, payslips or benefit letters and correspondence from every creditor. The more complete the list of debts, the more creditors are notified at the start, because a debt left off may keep building interest until the adviser adds it.

Living in Scotland or Northern Ireland

The English and Welsh rules do not apply in the rest of the United Kingdom. Scotland has its own statutory moratorium against creditor action, arranged through a money adviser, and Northern Ireland has separate procedures, so speak to an adviser in your own nation about the protection available before relying on any pause or making borrowing decisions around it.

Taking new credit while the Breathing Space debt scheme protects you
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Practical steps while the respite is running

Frequently asked questions

Can I take out a loan while I am in Breathing Space?

Nothing in the rules stops a lender approving you, but the new debt is not protected: interest, charges and collection apply normally. It also reduces the money available for your existing creditors and may change the solution your adviser recommends. Discuss any offer with the adviser first, and look at grants or supplier hardship funds for urgent costs.

Are my debts written off when the respite ends?

No. The scheme only pauses interest, charges and enforcement on qualifying debts. The balances remain owed, and once protection ends creditors can resume normal activity unless another solution has started. That is why the period should be used to agree a debt management plan, a Debt Relief Order, an IVA or another route that deals with the debts permanently.

Which lenders can still chase me during the scheme?

Creditors holding qualifying debts must stop enforcement and most collection contact, though they can still accept voluntary payments and ask the adviser to review the protection. Lenders of debts outside the scheme, such as a mortgage, hire purchase agreement or a loan taken after the start date, can continue to contact you and pursue missed payments in the usual way.

What happens if I fall behind on rent during the pause?

Rent and other ongoing liabilities should be paid if you can afford them. Arrears that existed when the protection began can be included, but new arrears building up during the period are not covered, and failing to keep up ongoing bills may lead the adviser to cancel the protection after the midway review. Tell the adviser early if rent has become unaffordable.

Organisations to contact