[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: 34CFR685.207]



[Page 831-832]

 

                           TITLE 34--EDUCATION

 

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

 

PART 685_WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM--Table of Contents

 

                      Subpart B_Borrower Provisions

 

Sec. 685.207  Obligation to repay.



    (a) Obligation of repayment in general. (1) A borrower is obligated 

to repay the full amount of a Direct Loan, including the principal 

balance, fees, any collection costs charged under Sec. 685.202(e), and 

any interest not subsidized by the Secretary, unless the borrower is 

relieved of the obligation to repay as provided in this part.

    (2) The borrower's repayment of a Direct Loan may also be subject to 

the deferment provisions in Sec. 685.204, the forbearance provisions in 

Sec. 685.205, and the discharge provisions in Sec. 685.212.

    (b) Direct Subsidized Loan repayment. (1) During the period in which 

a borrower is enrolled at an eligible school on at least a half-time 

basis, the borrower is in an ``in-school'' period and is not required to 

make payments on a Direct Subsidized Loan unless--

    (i) The loan entered repayment before the in-school period began; 

and

    (ii) The borrower has not been granted a deferment under Sec. 

685.204.

    (2)(i) When a borrower ceases to be enrolled at an eligible school 

on at least a half-time basis, a six-month grace period begins, unless 

the grace period has been previously exhausted.

    (ii)(A) Any borrower who is a member of a reserve component of the 

Armed Forces named in section 10101 of title 10, United States Code and 

is called or ordered to active duty for a period of more than 30 days is 

entitled to have the active duty period excluded from the six-month 

grace period. The excluded period includes the time necessary for the 

borrower to resume enrollment at the next available regular enrollment 

period. Any single excluded period may not exceed 3 years.

    (B) Any borrower who is in a grace period when called or ordered to 

active duty as specified in paragraph (b)(2)(ii)(A) of this section is 

entitled to a full six-month grace period upon completion of the 

excluded period.

    (iii) During a grace period, the borrower is not required to make 

any principal payments on a Direct Subsidized Loan.

    (3) A borrower is not obligated to pay interest on a Direct 

Subsidized Loan for in-school or grace periods unless the borrower is 

required to make payments on the loan during those periods under 

paragraph (b)(1) of this section.

    (4) The repayment period for a Direct Subsidized Loan begins the day 

after



[[Page 832]]



the grace period ends. A borrower is obligated to repay the loan under 

paragraph (a) of this section during the repayment period.

    (c) Direct Unsubsidized Loan repayment. (1) During the period in 

which a borrower is enrolled at an eligible school on at least a half-

time basis, the borrower is in an ``in-school'' period and is not 

required to make payments of principal on a Direct Unsubsidized Loan 

unless--

    (i) The loan entered repayment before the in-school period began; 

and

    (ii) The borrower has not been granted a deferment under Sec. 

685.204.

    (2)(i) When a borrower ceases to be enrolled at an eligible school 

on at least a half-time basis, a six-month grace period begins, unless 

the grace period has been previously exhausted.

    (ii)(A) Any borrower who is a member of a reserve component of the 

Armed Forces named in section 10101 of title 10, United States Code and 

is called or ordered to active duty for a period of more than 30 days is 

entitled to have the active duty period excluded from the six-month 

grace period. The excluded period includes the time necessary for the 

borrower to resume enrollment at the next available regular enrollment 

period. Any single excluded period may not exceed 3 years.

    (B) Any borrower who is in a grace period when called or ordered to 

active duty as specified in paragraph (c)(2)(ii)(A) of this section is 

entitled to a full six-month grace period upon completion of the 

excluded period.

    (iii) During a grace period, the borrower is not required to make 

any principal payments on a Direct Unsubsidized Loan.

    (3) A borrower is responsible for the interest that accrues on a 

Direct Unsubsidized Loan during in-school and grace periods. Interest 

begins to accrue on the day the first installment is disbursed. Interest 

that accrues may be capitalized or paid by the borrower.

    (4) The repayment period for a Direct Unsubsidized Loan begins the 

day after the grace period ends. A borrower is obligated to repay the 

loan under paragraph (a) of this section during the repayment period.

    (d) Direct PLUS Loan repayment. The repayment period for a Direct 

PLUS Loan begins on the day the loan is fully disbursed. Interest begins 

to accrue on the day the first installment is disbursed. A borrower is 

obligated to repay the loan under paragraph (a) of this section during 

the repayment period.

    (e) Direct Consolidation Loan repayment. (1) Except as provided in 

paragraphs (e)(2) and (e)(3) of this section, the repayment period for a 

Direct Consolidation Loan begins and interest begins to accrue on the 

day the loan is made. The borrower is obligated to repay the loan under 

paragraph (a) of this section during the repayment period.

    (2) A borrower who obtains a Direct Subsidized Consolidation Loan 

during an in-school period will be subject to the repayment provisions 

in paragraph (b) of this section.

    (3) A borrower who obtains a Direct Unsubsidized Consolidation Loan 

during an in-school period will be subject to the repayment provisions 

in paragraph (c) of this section.

    (f) Determining the date on which the grace period begins for a 

borrower in a correspondence program. For a borrower of a Direct 

Subsidized or Direct Unsubsidized Loan who is a correspondence student, 

the grace period specified in paragraphs (b)(2) and (c)(2) of this 

section begins on the earliest of--

    (1) The day after the borrower completes the program;

    (2) The day after withdrawal as determined pursuant to 34 CFR 

668.22; or

    (3) 60 days following the last day for completing the program as 

established by the school.



(Authority: 20 U.S.C. 1087a et seq.)



[59 FR 61690, Dec. 1, 1994, as amended at 64 FR 58968, Nov. 1, 1999; 68 

FR 75430, Dec. 31, 2003]