Mental Health Crisis Breathing Space (MHCBS)

MHCBS is a statutory debt respite scheme established under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, in force from May 2021.

It provides legal protections from most creditor action for individuals who are receiving qualifying mental health crisis treatment, allowing them to focus on their recovery. At the same time, access to regulated debt advice is established.

An individual is eligible if they:

• Are aged 18 or over
• Reside in England or Wales
• Are receiving mental health crisis treatment as defined in the Regulations
• Have at least one qualifying debt

Eligibility must be certified by an Approved Mental Health Professional (AMHP) in accordance with Regulation 28.

The legal definition is set out in Regulation 28(2) of the Debt Respite Scheme Regulations.

A person is considered to be receiving mental health crisis treatment if they are:

• Detained under the Mental Health Act 1983 for assessment or treatment
• Removed to a place of safety under the Mental Health Act
• Receiving crisis care from a specialist mental health service, either in hospital or in the community, that is equivalent in intensity to inpatient crisis treatment

Routine community mental health support (for example, standard Community Mental Health Team (CMHT) input or therapy alone) does not usually meet the threshold unless it forms part of a recognised crisis-level intervention and is confirmed by an Approved Mental Health Professional (AMHP).

Under the Regulations, an AMHP must certify that the individual is currently receiving qualifying mental health crisis treatment at the point of application.

The AMHP’s role is limited to:

• Assessing whether the treatment meets the statutory definition
• Certifying eligibility for entry into the Mental Health Crisis Moratorium

There are no additional liability implications for Approved Mental Health Professionals (AMHP). Responsibility for debt eligibility checks and scheme administration sits with the debt advice provider.

Most personal debts qualify, including:

• Credit cards, store cards and personal loans
• Overdrafts and payday loans
• Utility arrears (rent, mortgage, electricity, gas, water)
• Council tax arrears
• Joint debts (protections apply to all liable parties)

Ongoing liabilities, such as rent, mortgage payments, council tax, and energy bills, must continue to be paid. Any arrears accrued after the moratorium starts are not protected.

During the moratorium, creditors must not:

• Take enforcement action
• Pursue recovery activity or court proceedings
• Apply interest, fees or charges to qualifying debts
• Disconnect utilities or install pre-payment meters (except in limited lawful circumstances)

These protections apply for the entire duration of the mental health crisis treatment, plus a further 30 days after the treatment ends (often referred to as the cooling-off period).

No. MHCBS does not write off debt.

However, individuals are offered free, FCA-authorised debt advice during the moratorium. This may result in longer-term debt solutions, which can include a debt relief order or write-off where appropriate.

There is no fixed time limit. The moratorium lasts:

• For the entire period that the individual is receiving qualifying mental health crisis treatment, and
• For an additional 30 days after treatment ends

A Nominated Point of Contact (NPOC) must confirm at regular intervals (typically every 20–30 days) that the individual continues to receive qualifying mental health crisis treatment, in line with the Debt Respite Scheme Regulations.

If confirmation is not provided, the moratorium will end. Where the moratorium ends due to a failure to confirm ongoing crisis treatment, the 30-day post-treatment period does not apply, and a new application will be required if the individual later becomes eligible for Mental Health Crisis Breathing Space (MHCBS) again.

The NPOC should be someone who has ongoing involvement in the client’s crisis care.  

Only specific professionals can act as NPOCs, including: 

• Approved Mental Health Professionals (AMHPs): These are qualified professionals, such as social workers, who have specialised training in mental health law and can assess individuals in crisis. 

• Care Coordinators: These are key workers who oversee an individual's care plan, often within the framework of the Care Programme Approach (CPA). 

• Mental Health Nurses: These are registered nurses specialising in mental health who can verify the individual's crisis treatment status. 

The NPOC provides a formal certification that is essential for initiating the Breathing Space process. 

Applications can be submitted via the MHCBS online portal or using the approved form.

Applications may be made by:

• Approved Mental Health Professional (AMHP)
• Care-Coordinator
• Mental Health Nurse/Key Worker
• Social Worker
• Independent Mental Health Advocate
• Independent Mental Health Capacity
• Relevant Person's Representative.
• The individual receiving mental health crisis treatment

An Approved Mental Health Professional (AMHP) must always certify the application before it can proceed.