--- kind: "section" citation: "34 C.F.R. § 674.9" title: "34" number: "674.9" heading: "Student eligibility." url: "https://uscodex.org/cfr/34/674.9" --- # §674.9. Student eligibility. Prior to October 1, 2017, a student at an institution of higher education was eligible to receive a loan under the Federal Perkins Loan program for an award year if the student— - (a) Meets the relevant eligibility requirements contained in [34 CFR part 668](/cfr/34/part668.md); - (b) Is enrolled or accepted for enrollment as an undergraduate, graduate, or professional student at the institution, whether or not engaged in a program of study abroad approved for credit by the home institution; - (c) **Has financial need as determined in accordance with part F of title IV of the HEA.** - (d) **Has received for that award year, if an undergraduate student—** - (1) A SAR as a result of applying for a grant under the Federal Pell Grant Program; or - (2) A preliminary determination of eligibility or ineligibility for a Federal Pell Grant by the institution's financial aid administrator after applying for a SAR with a Federal Pell Grant Processor; - (e) **Is willing to repay the loan.** Failure to meet payment obligations on a previous loan is evidence that the student is unwilling to repay the loan; - (f) Provides to the institution a driver's license number, if any, at the time of application for the loan; - (g) In the case of a borrower whose prior loan under title IV of the Act or whose TEACH Grant service obligation was discharged after a final determination of total and permanent disability— - (1) Obtains a certification from a physician that the borrower is able to engage in substantial gainful activity; - (2) Signs a statement acknowledging that any new Federal Perkins Loan the borrower receives cannot be discharged in the future on the basis of any present impairment, unless that condition substantially deteriorates; and - (3) If the borrower receives a new Federal Perkins Loan within three years of the date that any previous title IV loan or TEACH Grant service obligation was discharged due to a total and permanent disability in accordance with [§ 674.61(b)(3)(i)](/cfr/34/674.61.md?p=b-3-i), 34 CFR [682.402(c)](/cfr/34/682.402.md?p=c), [34](/cfr/34/34.md) CFR 685.213, or [34 CFR 686.42(b)](/cfr/34/686.42.md?p=b) based on a discharge request received on or after July 1, 2010, resumes repayment on the previously discharged loan in accordance with [§ 674.61(b)(5)](/cfr/34/674.61.md?p=b-5), 34 CFR [682.402(c)(5)](/cfr/34/682.402.md?p=c-5), or [34](/cfr/34/34.md) CFR 685.213(b)(4), or acknowledges that he or she is once again subject to the terms of the TEACH Grant agreement to serve before receiving the new loan. - (h) In the case of a borrower whose previous loan under title IV of the HEA was conditionally discharged after an initial determination that the borrower was totally and permanently disabled based on a discharge request received prior to July 1, 2010, the borrower must— - (1) Comply with the requirements of paragraphs [(g)(1)](#g-1) and [(g)(2)](#g-2) of this section; and - (2) **Sign a statement acknowledging that—** - (i) The loan that has been conditionally discharged prior to a final determination of total and permanent disability cannot be discharged in the future on the basis of any impairment present when the borrower applied for a total and permanent disability discharge or when a new loan is made, unless that impairment substantially deteriorates; and - (ii) Collection activity will resume on any loan in a conditional discharge period. - (i) Does not have any loans under title IV of the HEA on which collection activity has been suspended based on a conditional determination that the borrower was totally and permanently disabled. If a borrower applies for a loan under title IV of the HEA during the conditional discharge period, the suspension of collection activity must be ended before the borrower becomes eligible to receive any additional loans. - (j) In the case of a borrower who is in default on a Federal Perkins Loan, NDSL or Defense loan, satisfies one of the conditions contained in § [674.5(c)(3)(i)](/cfr/34/674.5.md?p=c-3-i) or [(ii)](/cfr/34/674.5.md?p=c-3-ii) except that— - (1) For purposes of this section, voluntary payments made by the borrower under [paragraph (i)](#i) of this section are payments made directly by the borrower; and - (2) Voluntary payments do not include payments obtained by Federal offset, garnishment, or income or asset execution. - (k) In the case of a borrower who is in default on an FFEL Program or a Direct Loan Program loan, makes satisfactory repayment arrangements as defined in 34 CFR [682.200(b)](/cfr/34/682.200.md?p=b) or [685.102(b)](/cfr/34/685.102.md?p=b) on the defaulted loan, as determined by the loan holder; and - (l) For purposes of this section, reaffirmation means the acknowledgment of the loan by the borrower in a legally binding manner. The acknowledgement may include, but is not limited to, the borrower— - (1) Signing a new promissory note or new repayment agreement; or - (2) **Making a payment on the loan.** ## Notes ### Amendments [52 FR 45747, Dec. 1, 1987, as amended at 59 FR 61407, 61415, Nov. 30, 1994; 60 FR 34167, June 30, 1995; 62 FR 50847, Sept. 26, 1997; 64 FR 58309, Oct. 28, 1999; 65 FR 65690, Nov. 1, 2000; 66 FR 44006, Aug. 21, 2001; 67 FR 67076, Nov. 1, 2002; 71 FR 45697, Aug. 9, 2006; 74 FR 55986, Oct. 29, 2009; 78 FR 65805, Nov. 1, 2013; 85 FR 49820, Aug. 14, 2020] ### Source Source: 52 FR 45747, Dec. 1, 1987, unless otherwise noted. ### Authority Authority: 20 U.S.C. 1071—1087ii; 1087dd(h)(1)(D). ### Amendments [52 FR 45747, Dec. 1, 1987, as amended at 59 FR 61407, 61415, Nov. 30, 1994; 60 FR 34167, June 30, 1995; 62 FR 50847, Sept. 26, 1997; 64 FR 58309, Oct. 28, 1999; 65 FR 65690, Nov. 1, 2000; 66 FR 44006, Aug. 21, 2001; 67 FR 67076, Nov. 1, 2002; 71 FR 45697, Aug. 9, 2006; 74 FR 55986, Oct. 29, 2009; 78 FR 65805, Nov. 1, 2013; 85 FR 49820, Aug. 14, 2020]