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The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 No. 1311
Duration of mental health crisis moratorium
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32.—(1) A mental health crisis moratorium starts on the day following the day on which the Secretary of State causes an entry to be made on the register in accordance with regulation 31(2)(a).
(2) A mental health crisis moratorium ends on the earliest of—
(a)the end of the period of 30 days beginning with the day on which the debtor stops receiving mental health crisis treatment,
(b)the end of the period of 30 days beginning with the day on which a debt advice provider makes a request to the debtor’s nominated point of contact in accordance with regulation 33 and during which period the debt advice provider does not receive a response,
(c)the day on which cancellation of the mental health crisis moratorium takes effect under regulations 18, 19 or 34, or
(d)the day on which it ends in accordance with regulation 21 as a result of the death of the debtor.
(3) Paragraph (4) applies where a debtor’s nominated point of contact—
(a)notifies the debtor’s debt advice provider that the debtor has stopped receiving mental health crisis treatment, or
(b)provides confirmation that the debtor has stopped receiving mental health crisis treatment in accordance with regulation 33.
(4) Where a debt advice provider receives a notification or confirmation under paragraph (3), the debt advice provider must, by the end of the following business day, notify the Secretary of State of the date on which the debtor stopped receiving mental health crisis treatment.
(5) Where a mental health crisis moratorium ends in accordance with paragraph (2)(b), the debt advice provider must, by the end of the following business day, notify the Secretary of State that the moratorium has ended.
(6) Where the Secretary of State receives a notification under paragraphs (4) or (5), the Secretary of State must, by the end of the following business day—
(a)cause an entry to be made on the register, and
(b)send a notification to each creditor and agent who received notification of a mental health crisis moratorium under this Part.
(7) Paragraph (6) is subject to regulation 38.
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