Breathing space

Robinhoody

How serious mental health crisis does it need to be to qualify for breathing space?

2. In these Regulations, a debtor is receiving mental health crisis treatment when the debtor—

(a)has been detained in hospital for assessment under sections 2 or 4 of the Mental Health Act 1983,

(b)has been detained in hospital for treatment under section 3 of that Act,

(c)has been removed to a place of safety by a police constable under sections 135 or 136 of that Act,

(d)has been detained in hospital for assessment or treatment under sections 35, 36, 37, 38, 45A, 47 or 48 of that Act, or

(e)is receiving any other crisis, emergency or acute care or treatment in hospital or in the community from a specialist mental health service in relation to a mental disorder of a serious nature.

(3) In this regulation “specialist mental health service” means a mental health service provided by a crisis home treatment team, a liaison mental health team, a community mental health team or any other specialist mental health crisis service.

curlytop12

You would need to meet one of the stated eligibility criteria you have listed, mild or serious.

sourcrates

Anyone can ask for breathing space to assess there position, you can realistically take as long as you like, you do not need to meet any specific criteria, you just write to your creditors and tell them what you are doing, they either like it or lump it.

curlytop12

Thanks Sourcrates, I don't think I understood the question!

Robinhoody

sourcrates said:

Anyone can ask for breathing space to assess there position, you can realistically take as long as you like, you do not need to meet any specific criteria, you just write to your creditors and tell them what you are doing, they either like it or lump it.

Thanks but as saidyou didn’t understand the question 

in May the government is bringing in a new breathing space law

there are many questions regarding the finer points, I wondered if anyone here know the details 

sourcrates

Ah, my apologies, see below.

There is also a new regulated Debt management plan coming into force, so at last your DMP will be legally binding.

Details on the breathing space plan here -

https://malg.org.uk/government-confirms-new-statutory-breathing-space-scheme-will-go-live-on-4-may-2021/

more specific details will appear nearer the time.

enthusiasticsaver

The Debt respite scheme (breathing space) does not come into force officially until May 2021 but in practice it has been around for a while.  Anyone can request it and often creditors will allow it but from May they have a code of practice they have to follow. OP if your mental health is suffering due to problems with debt you will fall under one of the criteria.  Speak to a free debt charity like stepchange or contact your creditors directly stating your circumstances and ask for breathing space. 

Robinhoody

enthusiasticsaver said:

The Debt respite scheme (breathing space) does not come into force officially until May 2021 but in practice it has been around for a while.  Anyone can request it and often creditors will allow it but from May they have a code of practice they have to follow. OP if your mental health is suffering due to problems with debt you will fall under one of the criteria.  Speak to a free debt charity like stepchange or contact your creditors directly stating your circumstances and ask for breathing space. 

Some questions about breathing space.......

1. Could you still be cut off from utilities/broadband if you successfully qualify for breathing space?

2. What happens to tenants who have their court case come up and the LL gets a possession order, but the tenants qualify for breathing space?

sourcrates

Breathing space as it stands now, is more for credit debts than anything else.

You currently don’t need to qualify for it, you just take it.

Rent arrears, utility arrears etc are treated differently.

Robinhoody

sourcrates said:

Breathing space as it stands now, is more for credit debts than anything else.

You currently don’t need to qualify for it, you just take it.

Rent arrears, utility arrears etc are treated differently.

You may be talking about the old breathing space but the new one in May means creditors are not allowed to contact you for as long as a qualified professional deems you having a mental health crisis 

Robinhoody

People are talking about the craziest things online when this new breathing space scheme starts in May this year.

If you lease a car and stop paying for it and they can’t take the car back or contact you, or if you stop paying rent or bills they can’t turn off your utilities and you can’t be evicted for as long as a professional says you qualify due to mental health crisis