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.

An individual can refer themselves for mental health crisis breathing space, or someone can apply on their behalf. They will need to complete an evidence form and have it signed by an Approved Mental Health Professional (AMHP).

An AMHP means someone approved under Part 1, Section 18 of the Mental Health Act 2007Opens in a new window by any local social services authority in England, or approved under that subsection by any local social services authority in Wales.

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

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

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

• 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.

The person must also have eligible debts. Most personal debts qualify for Mental Health Crisis Breathing Space.

You can view guidance about what constitutes a mental health disorder of a serious nature within the Breathing Space regulations on GOV.UKOpens in a new window 

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

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

Next, an Approved Mental Health Professional must sign the evidence form before it's sent in along with the application submission.

Steps which may help get a signed evidence form include:

• speaking to the healthcare professional most involved in the person's care and seeing if they can contact an AMHP
• speaking to the local adult social services department and asking to speak to the AMHP team
• speaking to the local Community Mental Health Team and seeing 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.

Once the form is complete, the Mental Health Crisis Breathing Space application can be submitted.

In England referrals will be received by We Are Group.

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

In Wales referrals will be received by Citizens Advice Cardiff and Vale.

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 the person into a Mental Health Crisis Breathing Space.

On many occasions they will enter them straight away, but in some instances they may request further information from the person submitting the application or the AMHP. This might be about the specific debts they have or the type of treatment they are receiving.

They will send a response about the success of the application by email.

• If you think you might be eligible for a Mental Health Breathing Space yourself, view MoneyHelper's 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 for someone struggling with debt and mental health, but who is 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