Applying for Mental Health Crisis Breathing Space

Mental Health Crisis Breathing Space is a debt protection option for people receiving mental health crisis treatment.

It gives temporary protection from creditors including freezing of most interest, fees and charges on the debt and pausing most enforcement action and contact from creditors.

The protections it gives customers will provide the time and space to stabilise their financial situation, engage with advice and find a solution.

To qualify for Mental Health Crisis Breathing Space you must be receiving mental health crisis treatment, which means you:

• have been detained under most assessment and treatment sections of the Mental Health Act (also known as being sectioned)
• have been removed to a place of safety under the Mental Health Act
• are receiving crisis, emergency or acute care from a specialist service for a mental disorder of a serious nature. This might be from a crisis home treatment team, liaison mental health team, community mental health team or any other specialist mental health crisis service.

An Approved Mental Health Professional (AMHP) will need to use their professional judgement to decide whether your treatment constitutes mental health crisis treatment.

GOV.uk features guidance for AMHPs, including on what constitutes a mental health disorder of a serious nature within the Breathing Space regulationsOpens in a new window More information on how you can find an AMHP is available below.

You must also have eligible debts; most personal debts qualify for Mental Health Crisis Breathing Space.

To apply for a Mental Health Crisis Breathing Space, you will first need evidence that you meet the eligibility criteria and are receiving treatment for a mental health crisis. This needs to be provided by an Approved Mental Health Professional (AMHP).

An AMHP means someone approved under section 114(1) of the Mental Health Act 1983 by any local social services authority in England, or approved under that subsection by any local social services authority in Wales.

Complete the evidence of mental health crisis formOpens in a new window

Opens in a new window

Next you need an Approved Mental Health Professional to sign your evidence form before you send it with your application submission.

Steps which may help get a signed evidence form include:

• speaking to the healthcare professional most involved in your care and see if they can contact an AMHP for you.
• speaking to the local adult social services department and ask to speak to the AMHP team.
• speaking to the local Community Mental Health Team and see if they can contact an AMHP that way.

The evidence form requests details for a nominated point of contact, as well as additional information that will help the debt advice provider process the application.

You can refer yourself for a mental health crisis breathing space, or someone can apply on your behalf.

Once evidence of mental health crisis care detailed above is obtained and signed, any of the following people can submit a Mental Health Crisis Breathing Space application:

• You (the person receiving mental health crisis treatment)
• Your carer (who must be receiving Carer’s Allowance)
• Your care co-ordinator
• Your independent mental health advocates or mental capacity advocate
• Your representative (e.g., someone who has Power of Attorney or is a Court of Protection Appointed Deputy)
• An Approved Mental Health Professional
• Mental health nurses
• Social workers

Once the form is complete, you submit the Mental Health Crisis Breathing Space application.

In England

In England, referrals will be received by Rethink Mental Illness and their specialist Mental Health & Money Advice team.

Apply for Mental Health Crisis Breathing Space in EnglandOpens in a new window

In Wales

In Wales, referrals will be received by Citizens Advice Cymru.

Apply for Mental Health Crisis Breathing Space in WalesOpens in a new window

Once the application has been submitted an authorised debt advice provider will review it and decide whether it is appropriate to enter you into a Mental Health Crisis Breathing Space.

On many occasions they will enter you straight away, but in some instances they may request further information from you, the person submitting your application (if this is not you) or the Approved Mental Health Professional. This might be about, for example, the specific debts you have, or the type of treatment you are receiving.

They will send you a response about the success of your application to your email address.

If you think you might be eligible for a Mental Health Breathing Space yourself:

MoneyHelper guidance on Mental Health Crisis Breathing SpaceOpens in a new window

If you are an Approved Mental Health Professional or other healthcare professional: 

Read more about Mental Health Crisis Breathing Space for AMHPsOpens in a new window

Standard Breathing Space might also be available if you are struggling with debt and mental health but are not receiving mental health crisis treatment.

Find out where to get debt advice using the MoneyHelper Debt Advice Locator ToolOpens in a new window

More information about Standard Breathing Space and eligibility criteria can be found in our guide What is Breathing Space and how can it help me? Opens in a new window