Guidance: Debt respite scheme (breathing space): Guidance on mental health crisis breathing space

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Hm Treasury

June 9

09:00 2023

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Debt respite scheme (breathing space): Guidance on mental health crisis breathing space

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Mental Health Crisis Breathing Space Guidance Changes Following 2023 High Court Judgments

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This guidance for health and care professionals, including Approved Mental Health Professionals, who may be asked to provide evidence for a mental health crisis breathing space application or to deal with requests from debt advice providers related to a mental health crisis breathing space. It may also be helpful to leaders of local authorities and NHS, independent or voluntary sector organisations, as well as debt advisers, individuals and their carers who wish to understand the mental health crisis breathing space and how it will work. More detailed breathing space guidance for creditors and debt advice providers is available.

Published 6 April 2021
Last updated 9 June 2023 +show all updates

9 June 2023
The existing breathing space regulations concerning mental health crisis breathing spaces were considered by the High Court in several recent cases, specifically the eligibility criteria for someone entering the scheme and the role of debt advisers, most significantly in Kaye v Lees [2023] EWHC 152. The government has therefore updated its mental health crisis breathing space guidance for healthcare professionals to reflect the Courts interpretation of the existing regulations. Applications and referrals into the scheme should still be made in the same way. In line with the existing process, an Approved Mental Health Professionals will still assess whether individuals are receiving mental health crisis treatment and therefore eligible for the scheme. Meanwhile, the clients nominated point of contact will still be required to confirm

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