New Student Loan Relief for Active Military
Effective date: Jan. 1, 2004
After September 11, 2001, Congress and the Department of Education passed a number of laws to assist student loan borrowers affected by military mobilizations and national emergencies. The Higher Education Relief Opportunities for Students Act of 2003, the most sweeping new law, took effect in August 2003 (and will expire on September 30, 2005). (20 U.S.C. § 1001 and following.) This law authorizes the Secretary of Education, at his discretion, to waive or modify federal student financial assistance rules that affect individuals who are:
- serving on active duty during a war or other military operation or national emergency
- performing qualifying National Guard duty during a war, operation, or emergency
-residing or working in an area that is declared a disaster area by any federal, state, or local official in connection with a national emergency, or
-suffering direct economic hardship as a direct result of a war or other military operation or national emergency.
The Department of Education has also announced other policies to ease the burden on borrowers serving in the military. In March 2003, the Department reminded lenders and guaranty agencies that, under the Higher Education Act, active duty military personnel are not required to make student loan payments while deployed. The Department urged schools to assist borrowers who have been mobilized, and encouraged (but did not require) lenders to review borrowers' eligibility for deferments, including economic hardship deferments and military deferments when available. During a deferment period, interest does not accrue. (You can read about how to postpone student loan payments or cancel your loans altogether in Nolo's article, When You Can't Pay Your Student Loans: Cancellation, Deferment and Forbearance.)
In addition, active military personnel who have not begun repayment on their loans are eligible to extend the post-graduation grace period. These rules apply to members of the National Guard and the Ready Reserves of the Armed Forces who have been called to active duty, and to active duty military personnel whose duty stations have changed as a result of a military mobilization.
Also, for students forced to withdraw from school in order to fulfill military obligations, the Department has encouraged schools to provide either a full refund of tuition and other charges, or to give the student a comparable credit against future charges.
Other important student assistance rules that the Department has waived or modified include:
Forbearances for Perkins loans. The usual three-year limit on the length of Perkins forbearances is waived for forbearances based on a borrower’s military service.
Loan cancellation programs. Many loan cancellation programs, such as the loan cancellation program for teachers, require applicants to perform a certain number of years of uninterrupted service. Time spent on active duty is not considered an interruption for purposes of these cancellation programs.