To apply for Breathing Space, an individual must contact a regulated debt advice provider authorised by the Financial Conduct Authority. The application is made by a debt advisor at a regulated firm and cannot be submitted directly by the individual.
As part of the process, a debt advisor will carry out an assessment to determine whether Breathing Space may be appropriate and whether the eligibility criteria are met. This involves providing personal and financial information, which typically includes a full name, date of birth, and residential address. Where there is a risk of violence, address details can be withheld in line with scheme rules.
Information about debts will also be required, including creditor names, contact details, and reference numbers where available. Individuals who are self-employed may also be asked to provide a trading name and business address.
If the advisor assesses that Breathing Space may be suitable, they will submit the application through the official electronic service operated by the Insolvency Service. When approved, the Breathing Space moratorium usually begins on the next working day, and creditors are notified so that the relevant protections can be applied in accordance with the scheme rules.
For Mental Health Crisis Breathing Space, confirmation from an Approved Mental Health Professional is required. This confirmation is provided to a regulated debt advisor, who then registers the moratorium on the individual’s behalf. The process can be initiated by the individual, a carer, or a qualified professional involved in their care.
Breathing Space is a temporary statutory protection designed to allow time for financial circumstances to be reviewed and next steps to be considered. It does not remove or reduce debts, and its availability and effects are subject to eligibility criteria and scheme rules. When seeking support, individuals should ensure they are dealing with an FCA-authorised debt advice provider, such as Fresh Start UK.