Search results
People also ask
What is breathing space?
How does the respiratory system work?
How does air flow through the lungs?
What happens when a breathing space ends?
What is the role of lungs in the respiratory system?
What is a standard breathing space?
Key points. The gas exchange system is responsible for getting oxygen into the blood and removing carbon dioxide as a person breathes. Breathing is also called 'ventilation' and is the...
- How Do Humans Breathe
The air moves through tubes in the lungs to tiny air sacs...
- How Do Humans Breathe
Apr 26, 2021 · What is Breathing Space? Breathing Space is a new scheme that gives people temporary protection from most types of debt collection while they take action to get on top of their debts. You can apply through a debt adviser for sixty days’ Breathing Space.
Aug 31, 2023 · It involves two events: inspiration, when the air moves into the lungs and expiration, when the air leaves the lungs. Breathing is one of the four components of respiration, the other three being gas diffusion, gas transport and regulation.
- Medical Content
- 23 min
- 1. Your responsibilities
- 2. Starting a breathing space
- 3. What to do during a breathing space
- 4. End of a breathing space
1.1 Creditors
As a creditor, if you’re told that a debt owed to you is in a breathing space, you must stop all action related to that debt and apply the protections. These protections must stay in place until the breathing space ends. The electronic service will send you a notification to tell you about each debt owed to you in a breathing space and the date the breathing space started. You need to make sure you apply the protections to these debts from the date set out in the notification. If you’re a creditor, it’s also possible your debt might be added to a breathing space at a later date, because it is only identified after the breathing space has started. In this case, you have to apply the protections from the date you get the notification, or when the regulations consider you to have received it, whichever is the earliest. For electronic notifications this is the date they are sent. For postal notifications this is 4 working days after it was posted. If you have any questions about a breathing space you’ve had a notification for, you should contact the debt advice provider whose details are in the notification.
1.2 Debt advice providers
A breathing space can only be started by: a debt advice provider who is authorised by the Financial Conduct Authority (FCA) to offer debt counselling a local authority (where they provide debt advice to residents) Debt advice providers (referred to in this guidance as debt advisers) are responsible for the administration of a breathing space. They are the point of contact for the debtor, their creditors (and appointed agents), and the Insolvency Service (who own and maintain the electronic service).
1.3 The Insolvency Service
We maintain the electronic service that debt advisers use to start the breathing space process, and we send notifications to creditors during it. We also maintain a private register of: details of people whose debts are in a breathing space the date a breathing space ended or was cancelled in the last 15 months We cannot help with individual case enquiries.
2.1 Applying for a standard breathing space
Debtors can only access a breathing space by seeking debt advice from a debt adviser. Anyone who cannot or is unlikely to be able to repay their debts can apply to a debt adviser for a standard breathing space. Although all applications must be considered, the debt adviser might decide a breathing space is not appropriate for a debtor. For example, if a person can access funds or income, they might be able to pay their debts with some budgeting help. Another example would be if they already have assets that could easily be sold to clear the debt. In these cases, a breathing space would not be the right solution. A breathing space might also not be appropriate for a someone who can enter a more suitable debt solution straight away, without needing the protections.
2.2 Applying for a mental health crisis breathing space
The government committed to develop an alternative route to access the protections for people receiving mental health crisis treatment, so that they do not have to access debt advice first. If an Approved Mental Health Professional (AMHP) certifies that a person is receiving mental health crisis treatment, the AMHP’s evidence can be used by a debt adviser to start a mental health crisis breathing space. In addition to the debtor, the following people can apply to a debt adviser on behalf of a debtor for a mental health crisis breathing space: any debtor receiving mental health crisis treatment the debtor’s carer Approved Mental Health Professionals care co-ordinators appointed for the debtor mental health nurses social workers independent mental health advocates or mental capacity advocates appointed for the debtor a debtor’s representative
2.3 Debtor eligibility for a standard breathing space
Before a debt adviser can start the breathing space, they must confirm their client is eligible and meets all the conditions. These are that the debtor must: be an individual owe a qualifying debt to a creditor live or usually reside in England or Wales (a debt adviser must not start a breathing space for a client who lives or usually resides anywhere else) not have a debt relief order (DRO), an individual voluntary arrangement (IVA), an interim order, or be an undischarged bankrupt at the time they apply not already have a breathing space or have had a standard breathing space in the last 12 months at the time they apply The debt adviser must also be satisfied that their client meets both of the following conditions: their client cannot, or is unlikely to be able to, repay all or some of their debt a breathing space is appropriate for their client
3.1 Taking action on the notification
When you receive a notification, you must search your own records to identify the debt owed to you by the debtor. This needs to happen as soon as possible. If you do not apply the protections, any action you take is null and void, and you might be liable for the debtor’s costs. You must make a ‘reasonable search’. You cannot refuse to search your records or ignore the notification if it only has limited information (for example, it does not include a reference number specific to your organisation). The debt adviser does not have to give you any more information to help you identify the debtor. Some creditors might say they cannot make reasonable searches or identify a debtor without the preferred reference numbers or identifiers (like aliases or previous addresses). These creditors need to consider if they’re able to comply with other legal and regulatory obligations that require searches of customer records. If you have only received notification about one debt, but you are owed 2 debts (for example, the debtor has an overdraft and credit card debt with you) then you must apply the protections set out below to the debt you have been notified about. In all cases, you should tell the debt adviser about the additional debt. It is the debt adviser who will decide if the additional debt qualifies for the breathing space. You may consider voluntarily applying the protections set out below to these debts before you receive a notification, but you are only required to do so once you have received a notification about them. You must make sure you stop: the debtor having to pay certain interest, fees, penalties or charges for that debt during the breathing space any enforcement or recovery action to recover that debt, by you or any agent you’ve appointed contacting the debtor to request repayment of that debt, unless you’ve got permission from the court Interest can still be charged on the principal in secured debt, but not on the arrears. If it’s not possible to stop interest, fees, penalties or charges accruing on the debt during the breathing space (for example, this could be because of IT system limitations), it can continue to accrue. However, the debtor must not be required to pay charges or interest that accrue in this way either during or after the breathing space. Nothing in the regulations changes what a customer is contracted to pay. For example, if a payment is due during the breathing space and it includes interest that would have been due normally, creditors are not expected to make complex system changes to recalculate these payment amounts. Instead, creditors can make an adjustment to the overall balance owing on the debtor’s account as soon as they can. Ideally, communications you send debtors should not show interest, fees or charges that accrue during a breathing space. However, it does not breach the regulations to show them, as long as you do not require the debtor to pay. You must make sure you are not asking the debtor for payment. You might want to tell the debtor how you’ll deal with this accrual during the breathing space. You can contact the debtor with information about how you will deal with their breathing space. You might be considering taking other actions that affect the debtor or a service that you offer the debtor, because you are concerned whether they can make payments in future. If this is the case, you can only do this where it is consistent with the regulations and any other laws or rules that apply. The government expects that creditors will act in accordance with the intent of the breathing space policy. A breathing space is intended to help to create time and space for a person to get the help they need, without having to worry about their financial situation getting worse. A creditor that chooses to take action during this time might need to consider other legal or regulatory obligations and guidance that may apply to them (for example, as a result of a debtor’s vulnerability).
3.2 If you have sold the debt on
If you receive a notification of a breathing space debt that you have sold to another creditor (an ‘assigned creditor’), you must tell that creditor the breathing space has started and give their contact details to the debt adviser. If you do not do this as soon as possible, you’re liable for any losses the debtor or the assigned creditor have as a result. If you’ve told a debt adviser the contact details of the assigned creditor, they must update the details on the electronic service. You will not receive any more notifications about that debtor or the debt, and you will not be able to view any of those details on the electronic service. If you are the assigned creditor, the original creditor should tell you about the breathing space. From the date the breathing space started, you must stop any interest and fees on the debt from being charged and any enforcement action. You will receive a notification from the electronic service, which will tell you what action to take.
3.3 Debts identified after a breathing space starts
When you receive a notification, you must search your records for details of the debt you’ve been notified about. You must also search for any additional debts owed to you by the debtor. Additional debts are debts owed to you by the debtor that are not included in the notification you received. You only have to do this search once. If you find any additional debt, you must tell the debt adviser about it as soon as reasonably possible. You may use the ‘add debts that should be included’ function to notify that you have found an additional debt. This function should only be used to communicate about additional debts and not about debts you have previously been notified about. You have to give the debt adviser details of the additional debt so they can identify it, establish whether it qualifies, and enter it in the breathing space. You should not need a letter of authority from the debtor, or ask for the debtor to contact you, for you to provide those details. What a ‘reasonable search’ is might depend on the nature and complexity of your systems, records and processes or the type of debt or liability owed by the debtor. After undertaking a reasonable search, if it is not clear which debt the notification is about, you should tell the debt adviser about it as soon as reasonably possible. If possible, you should also tell the debt adviser what extra information or clarification might help you identify the debt. When the debt adviser is given (or becomes aware of) details of an additional debt, they must decide whether it is a qualifying debt. If the debt adviser decides that it is, they must update the electronic service. The electronic service will send you a notification. The additional debt does not become a breathing space debt until the debt adviser has updated the electronic service and a notification has been sent to the creditor. You do not need to apply the protections to this debt until you receive the notification or it is considered in the regulations that you have received the notification, whichever is the earliest (the day it was sent if you receive it electronically or 4 days after posting). However, this will not change the original start or end date of the breathing space. The exception to this is where the debt adviser is told of the additional debt more than 45 days after the breathing space started. In these circumstances, it’s possible the debt adviser might think it’s not appropriate to add the additional debt to the breathing space and can decide not to do so. If the debt adviser decides not to add the additional debt to the electronic service, you will not receive any notification about the debt from the electronic service. In these cases, you can continue any action to recover the debt. If you notified the debt adviser about an additional debt but have not had a notification about the start of a breathing space for it, you may consider applying the protections voluntarily, but you are not required to do so.
4.1 When a standard breathing space ends
A standard breathing space ends: 60 days from the date it started the day after a debt adviser or a court cancels it if the debtor dies during the breathing space period. In this case, the breathing space ends on the day after the debtor died
4.2 When a mental health crisis breathing space ends
A mental health crisis breathing space will end either 30 days after the debtor’s mental health crisis treatment ended, or 30 days after the date a debt adviser had no response after asking for confirmation from the nominated point of contact about a debtor’s ongoing mental health crisis treatment.
4.3 End of a breathing space notification
When a breathing space ends, you will be sent a notification. It will tell you the date the breathing space ended. If the breathing space was cancelled by the debt adviser or the court, or the debtor has died during the breathing space period, the notification will tell you the reason why it was cancelled.
Apr 2, 2024 · How does your respiratory system work? Your cells need oxygen to create energy. Creating energy releases carbon dioxide as a waste product, which can harm your body if too much builds up.
The air moves through tubes in the lungs to tiny air sacs called alveoli. Oxygen passes from these into the blood, which carries the oxygen to all the cells in the body. What happens when we...
Jul 29, 2020 · The respiratory system allows air to reach the lungs, from which oxygen enters the blood and circulates to all body cells. This system also removes waste gases from the body and helps...