[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR668.36]



[Page 444-445]

 

                           TITLE 34--EDUCATION

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents

 

                      Subpart C_Student Eligibility

 

Sec. 668.36  Social security number.



    (a)(1) Except for residents of the Federated States of Micronesia, 

the Republic of the Marshall Islands, and the Republic of Palau, the 

Secretary attempts to confirm the social security number a student 

provides on the Free Application for Federal Student Aid (FAFSA) under a 

data match with the Social Security Administration. If the Social 

Security Administration confirms that number, the Secretary notifies the 

institution and the student of that confirmation.

    (2) If the student's verified social security number is the same 

number as the one he or she provided on the FAFSA, and the institution 

has no reason to believe that the verified social security number is 

inaccurate, the institution may consider the number to be accurate.

    (3) If the Social Security Administration does not verify the 

student's social security number on the FAFSA, or the institution has 

reason to believe that the verified social security number is 

inaccurate, the student can provide evidence to the institution, such as 

the student's social security card, indicating the accuracy of the 

student's social security number. An institution must give a student at 

least 30 days, or until the end of the award year, whichever is later, 

to produce that evidence.

    (4) An institution may not deny, reduce, delay, or terminate a 

student's eligibility for assistance under the title IV, HEA programs 

because verification of that student's social security number is 

pending.

    (b)(1) An institution may not disburse any title IV, HEA program 

funds to a student until the institution is satisfied that the student's 

reported social security number is accurate.

    (2) The institution shall ensure that the Secretary is notified of 

the student's accurate social security number if the student 

demonstrates the accuracy of a social security number that is not the 

number the student included on the FAFSA.

    (c) If the Secretary determines that the social security number 

provided to an institution by a student is incorrect, and that student 

has not provided evidence under paragraph (a)(3) of this section 

indicating the accuracy of the social security number, and a loan has 

been guaranteed for the student under the FFEL program, the institution 

shall notify and instruct the lender and guaranty agency making and 

guaranteeing the loan, respectively, to cease further disbursements of 

the loan, until the Secretary or the institution determines that the 

social security number provided by the student is correct, but the 

guaranty may not be



[[Page 445]]



voided or otherwise nullified before the date that the lender and the 

guaranty agency receive the notice.

    (d) Nothing in this section permits the Secretary to take any 

compliance, disallowance, penalty or other regulatory action against--

    (1) Any institution of higher education with respect to any error in 

a social security number, unless the error was the result of fraud on 

the part of the institution; or

    (2) Any student with respect to any error in a social security 

number, unless the error was the result of fraud on the part of the 

student.



(Authority: 20 U.S.C. 1091)