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                                                                                        Student Financial Assistance  

Student Financial Aid and Military Deployment                     

What if I miss the Indiana FAFSA deadline of March 10 due to my deployment?
The State Student Assistance Commission of Indiana has provided this guidance for Indiana residents.

(1) We have made it clear to Indiana National Guard students (and their families) that if they could not meet the required March 10th filing deadline for next year's FAFSA because they were deployed, we would waive the deadline upon receipt and verification of proper documentation from the National Guard when they return to school for the fall or spring semester. This is not a blanket waiving of the deadline for any and all NG students. The student must have been deployed at such a time and in such a way that they could not timely file the FAFSA but otherwise would have been eligible for the NGSG.

(2) Also know that as part of the regular appeal process we review requests to waive the filing deadlines for activated military personnel besides those in the Indiana National Guard. This is not a blanket waiving of the deadline for any and all in the military. The student must have been deployed at such a time and in such a way that they could not timely file the FAFSA but otherwise would have been eligible to receive state aid.

Do my student loans go into repayment if I don't re-enroll within 6 months?
The U.S. Department of Education says that "If a borrower's loans are in an in-school status, an in-school deferment status, or in a grace period status when the borrower is ordered to active duty or reassigned, the lender must maintain the loans in that status during the period of the borrower's active duty service or reassignment, plus the time necessary for the borrower to resume enrollment in the next regular enrollment period that is reasonably available to the borrower, if the borrower wishes to go back to school. However, this maintenance of loan status may not exceed a total of three years including the period of time necessary for the borrower to resume enrollment."  So the answer is no, if you provide your loan servicer with a copy of your military deployment orders, your loan will be deferred.

How long will repayment of my student loans be deferred?

The U.S. Department of Education says a borrower who is ordered to active duty while in an in-school status retains that status for up to three years, including the time needed for the borrower to resume enrollment, "the school does not need to send written counseling materials unless the student does not return to school by the end of the three-year period."

What if my Title IV loans were in repayment when I was activated?
If a borrower’s loan is in repayment, FFEL lenders must grant the borrower forbearance based upon the request of the borrower, a member of the borrower’s family, or another reliable source.  Under the amendment to 34 CFR 682.211(c) which was published by the Department on November 1, 2002, (at 67 Fed. Reg. 67048), an FFEL lender may accept an oral request for the forbearance. The forbearance agreement need not be in writing and the forbearance can be granted without documentation.  However, the reason for granting the forbearance must be documented in the borrower’s loan records.  The lender may extend this initial forbearance for a period that is the lesser of one year or the period of active duty (if known at the time of granting the forbearance).

Under the amended procedures in 34 CFR 682.211(f) that were also included in the final regulations published November 1, 2002, an FFEL lender may grant a discretionary, administrative forbearance immediately for up to three months to borrowers who are affected by the military mobilization.   Such an administrative, discretionary forbearance, if granted, will be considered part of an initial forbearance period, thereby extending the initial period of forbearance to 15 months.  Forbearance beyond any initial period will require supporting documentation and a written agreement with the borrower.  This forbearance authority applies to all borrowers who have been part of a military mobilization, including borrowers who were called up immediately following September 11, 2001, and who are still on active duty.

If a Federal Perkins Loan borrower’s loan is in repayment, school lenders must also grant the borrower forbearance for a period that is the lesser of one year or the period of active duty based upon the request of the borrower, a member of the borrower’s family, or another reliable source.  The forbearance agreement need not be in writing and the forbearance can be granted without documentation as long as the reason is noted in the borrower’s loan records.  However, forbearances beyond any initial period will require a written request because of statutory requirements.

During the initial forbearance period, lenders are encouraged to examine the borrower’s eligibility for a deferment.  For example, some FFEL, Direct and Perkins loan borrowers may be eligible for an economic hardship deferment or a military deferment, depending on when the loan was made. Schools are also encouraged to examine a Federal Perkins loan borrower’s eligibility for a military service cancellation based on the borrower serving in an area of hostilities.

What if my Title IV loans were in default when I was activated?
If a borrower is in default on a loan, the guaranty agency or Perkins school must, upon being notified that the borrower has been called to active duty or reassigned, cease all collection activities for the expected period of the borrower’s military service.  Collection activities must resume no later than 30 days after the end of the borrower’s military service.

Applicability of the Soldiers' and Sailors' Civil Relief Act of 1940
The Soldiers' and Sailors' Civil Relief Act of 1940 only applies if a FFEL guaranty agency or a Perkins school lender is suing a borrower who is covered by that Act.  That Act prevents a creditor from obtaining a default judgment in court.  It does not prohibit other collection efforts.  A borrower's interest rate is not affected by the provision of the Act restricting interest charged to certain borrowers in military service, because section 428(d) of the Higher Education Act states that no provision of any law which limits the interest rate on a loan shall apply to the FFEL Program.

Where can I find good information regarding military deployment and federal financial aid?
The best source of additional information is the Reserve/Guard Call-Up Financial Aid Page on the NASFAA Web site.  This site provides links to additional resources and guidance on federal financial aid questions.
 

                  


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