The Finish Of The Pupil Mortgage Double-Consolidation Loophole


The End Of The Double-Consolidation Loophole Social Image

Federal Mother or father PLUS loans will not be immediately eligible for income-driven reimbursement plans. Nevertheless, there are two loopholes involving consolidation of Mother or father PLUS loans that may make them eligible for income-contingent reimbursement or all income-driven reimbursement plans.

The second, which is called the scholar mortgage double-consolidation loophole, will finish on July 1, 2025. 

Eligibility for Earnings Contingent Compensation

If a Mother or father PLUS mortgage is included in a Federal Direct Consolidation Mortgage and the borrower entered reimbursement on or after July 1, 2006, the consolidation mortgage is eligible for the income-contingent reimbursement (ICR) plan. [34 CFR 685.208(a)(2)]

The Mother or father PLUS mortgage shouldn’t be immediately eligible for any income-driven reimbursement plan. The consolidation mortgage can be not eligible for another income-driven reimbursement plan. [34 CFR 685.209(a)(1)(ii), 34 CFR 685.209(c)(1)(ii) and 34 CFR 685.221(a)(2)]

These rules observe the statutory language within the Larger Schooling Act of 1965 [20 USC 1087e(d)(1)(D) and (E)], which specifies that the income-contingent reimbursement (ICR) plan is “not obtainable to the borrower of a Federal Direct PLUS mortgage made on behalf of a dependent scholar” and the income-based reimbursement (IBR) plan shouldn’t be “obtainable to the borrower of a Federal Direct PLUS Mortgage made on behalf of a dependent scholar or a Federal Direct Consolidation Mortgage, if the proceeds of such mortgage have been used to discharge the legal responsibility on such Federal Direct PLUS Mortgage or a [FFEL PLUS Loan] made on behalf of a dependent scholar.”

All income-driven reimbursement plans are based mostly on the statutory authority for ICR or IBR.

How Double Consolidation Works

If a borrower consolidates a consolidation mortgage that repaid a Mother or father PLUS Mortgage, typically the income-driven reimbursement plans might be obtainable to the brand new consolidation mortgage as a result of the mortgage servicer shouldn’t be conscious that the consolidation mortgage initially got here from a Mother or father PLUS Mortgage. The unique kind of mortgage will get misplaced when the loans are consolidated for the second time.

The U.S. Division of Schooling has maintained that this double-consolidation shouldn’t be eligible for an income-driven reimbursement plan, as it’s opposite to the intent of Congress. Nevertheless, they’ve been unable to implement their interpretation of the legislation and rules due to insufficient monitoring of the unique kind of the loans that have been consolidated.

Double consolidation is a multi-step course of.

  • The borrower should consolidate their Mother or father PLUS loans with two totally different servicers. To do that, they need to submit paper consolidation mortgage purposes. (In the event that they consolidate on-line, the 2 consolidation loans might be merged.) 
  • Two consolidation loans are essential to allow the borrower to later consolidate the consolidation loans collectively.
  • The borrower ought to embrace a request for the income-contingent reimbursement plan with these consolidation mortgage purposes to stop the consolidation mortgage purposes from being rejected due to a failure to specify a reimbursement plan.
  • The borrower should watch for affirmation that the consolidation loans are full earlier than consolidating once more. This sometimes takes 30-45 days.
  • The borrower should consolidate the 2 consolidation loans with a 3rd servicer. This consolidation might be completed on-line at One should use a brand new servicer as a result of the opposite two servicers are conscious that the borrower consolidated Mother or father PLUS loans. The brand new consolidation mortgage will then have misplaced the tag exhibiting the origin of the consolidation mortgage as together with a Mother or father PLUS Mortgage.
  • Usually, one must wait 180 days earlier than consolidating a consolidation mortgage, as in any other case the loans could be merged into one of many present consolidation loans. Utilizing a 3rd servicer bypasses this limitation.

The Finish of the Pupil Mortgage Double-Consolidation Loophole

The new income-driven reimbursement plan rules, which have been printed within the Federal Register on July 10, 2023, eradicate the double-consolidation loophole efficient July 1, 2025.

Specifically, the U.S. Division of Schooling specifies on web page 43836 of quantity 88, quantity 130 of the Federal Register:

“The Division is taking some further steps on this last rule to affirm our place in regards to the therapy of mum or dad PLUS loans or Direct consolidation loans that repaid a mum or dad PLUS mortgage being solely eligible for the ICR plan. Prior to now, limitations in Division knowledge could have enabled a mum or dad PLUS mortgage that was consolidated after which re-consolidated to enroll in any IDR plan, regardless of the Division’s place that such loans are solely eligible for the ICR plan.

The Division is not going to undertake this clarification for debtors on this scenario at present on an IDR plan as a result of we don’t suppose it could be applicable to take such a profit away. On the similar time, the Division is conscious that numerous debtors have consolidated or are within the means of consolidating in response to current administrative actions, together with the restricted PSLF waiver and the one-time fee depend adjustment.

As a result of a few of these debtors could also be together with mum or dad PLUS loans in these consolidations with out understanding that they would wish to exclude that mortgage kind to keep away from complicating their future IDR eligibility, we might be making use of this clarification for any Direct Consolidation mortgage made on or after July 1, 2025.”

“Adjustments: We added § 685.209(c)(5)(iii) to offer {that a} Direct Consolidation mortgage made on or after July 1, 2025, that repaid a mum or dad PLUS mortgage or repaid a consolidation mortgage that at any level paid off a mum or dad PLUS mortgage shouldn’t be eligible for any IDR plan besides ICR.”

Sensible Suggestions

There may be adequate time for present Mother or father PLUS Mortgage debtors who’re in reimbursement to make the most of the double-consolidation loophole earlier than it’s eradicated.

As of March 31, 2023, as many as a complete of $111.7 billion in Mother or father PLUS loans to three.7 million debtors could doubtlessly have the ability to use the double-consolidation loophole.

If a borrower of a Mother or father PLUS Mortgage makes use of the double-consolidation loophole to modify into the REPAYE plan, they’ll robotically be switched into the SAVE plan when it turns into obtainable.

Mother or father PLUS Loans and Federal Direct Consolidation Loans that embrace Mother or father PLUS Loans are eligible for Public Service Mortgage Forgiveness


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