Drug Use and Debt Advice
If you are struggling with drug use and are also experiencing financial difficulties or debts owed to creditors, it is important to know that you may be entitled to additional support and consideration.
A debt adviser can take your circumstances into account and may be able to adjust the way they support you. If your drug use is affecting your ability to manage your finances, communicate with creditors, or maintain agreed payments, you may be considered vulnerable.
In these circumstances, creditors may be expected to take your vulnerability into consideration and may be able to make reasonable adjustments, such as allowing more time, changing payment arrangements, reducing the pressure of contact, or agreeing a more manageable plan.
You do not have to deal with your debts alone. Contact a qualified debt adviser as soon as possible. They can assess your situation, explain your rights, communicate with creditors on your behalf, and help you find the most appropriate solution for your debts while taking your personal circumstances into account.
Debt and Mental Health Breathing Space
Drug use, mental health problems, or crisis care can make it harder to manage money and keep up with debts. If you are struggling, support is available.
Mental health breathing space is a debt respite scheme for people receiving mental health crisis care. It can pause some debt action while you are getting treatment and for a short time afterwards.
Mental health breathing space usually ends 30 days after your mental health crisis care ends. You can use it each time you are receiving eligible crisis care. To apply, you need to use an online portal. A mental health professional must confirm your care or treatment. You do not need to work with a debt adviser during mental health breathing space, but you should continue to pay your rent or mortgage if you can.
Apply through: the We Are Group online portal.
Someone who is supporting you can help you apply. This could be a carer, social worker, mental health nurse or mental health advocate.
Complete a Debt Respite Form
A debt respite form proves that you are receiving mental health crisis care or treatment.
You can complete the form when you apply online. The form is then sent to someone from your mental health care team. They must confirm that you have a serious mental health condition, that you are receiving crisis or emergency care or treatment, and who should be contacted about your crisis treatment during breathing space.
The person who completes the form is often a social worker or psychiatric nurse. You may need to ask your mental health team who the form should be sent to before you apply.
You cannot ask a GP, psychiatrist or other doctor to complete the form, but they may be able to help you find the right person.
You can upload or email a copy of the form if you do not want to complete it online. This may mean your application takes longer.
Information for Professionals
The person who signs the form must be an approved mental health professional, also known as an AMHP. An AMHP has special responsibilities under the Mental Health Act. They could be a social worker, psychiatric nurse, psychologist, or occupational therapist.
Professionals can find more information in the GOV.UK debt respite form and guidance.
What Happens After You Apply
A debt adviser will check the application and decide whether mental health breathing space is right for you.
You are not expected to work with a debt adviser during mental health breathing space.
The debt adviser will contact someone from your mental health care team about once a month to check that you are still receiving crisis treatment.
How Long Mental Health Breathing Space Lasts
Mental health breathing space does not have a fixed time limit. It usually ends 30 days after your mental health crisis care ends. You can use it more than once a year if you are receiving eligible crisis care again.
The debt adviser may end the breathing space if they cannot confirm that you are still receiving crisis treatment.
You may still need debt advice when breathing space ends. The debt adviser will ask if you would like support, or you can contact another debt advice service.
Who Cannot Get Mental Health Breathing Space
Mental health breathing space is only for people who are receiving crisis care or treatment for a serious mental health condition.
If you have mental health problems and debt problems but are not receiving crisis care, you may not qualify for mental health breathing space.
You can still get support from a debt adviser to help you deal with money problems.
Loan sharks
If you borrowed money from someone who is not FCA authorised, you have not broken the law. The lender may have broken the law.
You can check whether a lender is authorised on the FCA website: FCA Firm Checker | FCA
However, sometimes people borrow money from family and friends. This is called informal lending. Even if a loan is informal, anyone who lends money cannot do anything illegal when collecting it, such as intimidation, violence or harassment.