The Debt Respite Scheme - friend or foe?

By Brabners LLP

17 Dec 2020

scott-graham-5fnmwej4taa-unsplash.jpg

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (“the Regulation”) comes into force on 4 May 2021.

Purpose of the Regulations

As at August 2019 the Government estimated that there were 9 million overindebted people in the UK, of which only around 1.1 million received advice each year. Tragically, as a result of the Coronavirus pandemic these numbers will have increased dramatically. Of those that do seek help the Government research shows that it is often sought at a late stage and that sometimes the quickest rather than most sustainable solution is taken. Evidence suggests that people’s emotions, knowledge and attitudes to their debt create barriers to accessing advice. These internal barriers include the stress and anxiety that comes with problem debt, which can be compounded when creditors start to take enforcement action such as chasing for repayment, starting court processes or using bailiffs.

The aim of the Regulations is to incentivise more people to access professional advice and to access it sooner, helping them to reach sustainable debt solutions. The government also wants to provide debtors who engage with this advice with the headspace to find a debt solution by pausing creditor enforcement action, interest, and charges.

How is the purpose achieved?

The Regulations give debtors who receive debt advice access to a 60-day period in which interest, fees and charges are frozen and enforcement action is paused.  This is extended further for debtors receiving mental health crisis treatment, for the duration of their crisis treatment.

How can an individual obtain this breathing space?

Breathing Space Moratorium

An individual must apply to a debt advice provider (“an Advisor”) for a breathing space moratorium.

The Advisor must initiate a breathing space moratorium if they consider that the individual meets the eligibility criteria[2], the requisite conditions are met, and the debts to be included in the moratorium are qualifying debts[3].

The moratorium is commenced by the Advisor providing confirmation to the Secretary of State that the individual meets the eligibility criteria and that the requisite conditions are met. The  Secretary  of  State  then makes an entry on the register and sends a notification of the start of the breathing space moratorium to those creditors and agents whose contact details have been provided[4].  The moratorium commences the next day and continues for 60 days unless it is cancelled or the individual dies.

Before day 35 of the moratorium the Adviser must review and determine whether it should continue or be cancelled. 

Mental health crisis moratorium

In order to be able to apply for a Mental Health crisis Moratorium an individual must be receiving mental health crisis treatment.

The process to initiate a mental health crises moratorium is the same as that of a breathing space moratorium save for the application to an Advisor can be made not only by the debtor but also by a debtor’s representative or by a range of carer’s and mental health professionals  and the application must include evidence from an approved mental health professional that the individual is receiving mental health crisis treatment.

A mental health crisis moratorium does not end until 30 days after the individual stops receiving mental health crisis treatment or the Advisor makes a request to the individual’s nominated point of contact but does not receive a response, or the moratorium is cancelled or the individual dies.

The Advisor must request confirmation of whether the individual is still receiving mental health crisis treatment from their nominated point of contact, within 30 days of the start of the moratorium.

Effect of the Moratorium

During a moratorium period a creditor may not, in relation to any moratorium debt, take any of the following steps[8]:

require an individual to pay interest that accrues on a moratorium debt during a moratorium period; require a debtor to pay fees, penalties or charges in relation to a moratorium debt that accrue during a moratorium period; take any enforcement action in respect of a moratorium debt; or instruct an agent to take any of the actions mentioned above.

Continue with any court or tribunal action pending in relation to a moratorium debt. Any action taken contrary to Regulations shall be null and void

After the end of the moratorium, a creditor or their agent (including a creditor’s solicitors) must not  require an individual to pay interest, fees, penalties or charges that accrued during the moratorium, or treat  the  non-payment  during  the  moratorium of  interest,  fees, penalties or charges as a default by the individual.

Impact of the Regulation  

It is questionable how effective this Regulation will be in achieving its aim. Individuals often “bury their head in the sand” when it comes to their creditors and if remains to be seen how beneficial it will be to those individuals to allow them to “kick the can down the road” rather than facing and dealing with their creditors as soon as they can. Particularly given that during a moratorium an individual must continue to make any payment due in relation to ongoing liabilities, which in reality they are unlikely to be able to do, otherwise they would not have found themselves in the situation whereby they need the help of an Advisor. Debtors liabilities are therefore, more than likely, going to continue to accrue during a moratorium to the detriment of both the individual and their creditors.

It is also questionable how many Advisors will want to offer this service, given that they are not able to charge for their services but will be responsible for adhering to tight timetables for conducting reviews and may have to liaise with a substantial number of creditors. In terms of the mental health crisis moratorium there is also no certainty as to how long the moratorium will run for and one can envisage that these cases will be extremely labour intensive.  

There is also a question mark as to whether the purpose of the Regulation justifies the negative impact it will have on tackling fraud. Fraud is on the increase year on year and for those debtors who never intend to pay their debts and who will use whatever means possible to take their assets out of the reach of creditors, the moratorium will provide them with further time to hide their assets.

From the point of view of creditors, this is arguably one more “kick in the teeth” and is likely to result in more creditors seeking to obtain security on debts wherever possible as secured debts (save for non-capitalised arrears) are excluded from the Regulations.

Clearly, anyone dealing with consumer debt will be impacted by this Regulation and will need to ensure that they have systems in place to ensure that during a moratorium:

debtors are not charged interest, fees and charges; no enforcement action is taken against a debtor; and debtors are not contacted direct.

Creditors should also carefully consider the grounds upon which an individual applies for a moratorium and ensure that any request to the Advisor for a review is made within the required 20 days of the moratorium commencing.

In these unprecedented times, there is little doubt that a moratorium will come as a welcome relief to those struggling with their finances, the question is whether that relief will truly benefit the individual in the long run or simply delay the inevitable!

Latest news

1

Farleys Solicitors named headline sponsor of the 2026 Blackburn Beer Festival Blackburn Beer Festival 2025

Farleys Solicitors named headline sponsor of the 2026 Blackburn Beer Festival

16 Jan 2026

2

EG Group sets off on $9bn floatation journey EG

EG Group sets off on $9bn floatation journey

16 Jan 2026

3

World class cyclists heading to Lancashire for Tour de France 2027 The Tour de France launch event

World class cyclists heading to Lancashire for Tour de France 2027

16 Jan 2026

4

Cautious optimism for dealmakers in 2026 says leading corporate finance expert Stephen Robinson of PM+M

Cautious optimism for dealmakers in 2026 says leading corporate finance expert

15 Jan 2026

5

Greater Lancashire Hospital opened by Maya Ellis MP Sara Rajiah, Executive Director, Greater Lancashire Hospital and Bespoke Healthcare Group; Maya Ellis, Member of Parliament for Ribble Valley; Gwam Rajiah, Executive Chair, Greater Lancashire Hospital and Bespoke Healthcare Group.

Greater Lancashire Hospital opened by Maya Ellis MP

14 Jan 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
January / February 2026 - LBV Issue 126 Magazine Launch Event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 - LBV Issue 126 Magazine Launch Event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026
Employment Rights Act Update for Businesses.png.png
LBV Hub Webinar
27 Jan 2026 - 27 Jan 2026

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026

Online via Zoom, Preston, PR5 6AW

09:30 - 10:30

The Marketing Meetup: Lancashire (January)
LBV Hub Networking
27 Jan 2026

The Marketing Meetup: Lancashire (January)

Six Connections, Slater Terrace, Burnley, BB11 4SA

18:00 - 20:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Payroll Update 2026 Red Hall Hotel
Payroll calculator new.jpg.jpg
LBV Hub Seminars
13 Mar 2026 - 13 Mar 2026

Payroll Update 2026 Red Hall Hotel

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

Lancashire Business Expo 2026
SE, Lancashire 2025.png.png
LBV Hub Exhibitions
27 Mar 2026 - 27 Mar 2026

Lancashire Business Expo 2026

Sir Tom Finney Sports Centre, Preston, PR1 2HE

09:00 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin