Joe is trying to buy votes, Joe's approval ratings are dismal. Rather than deal with major problems he is focusing on rewarding potential voters. By the way, it sounds like it doesn't matter how many payments have been missed or payments reduced, the borrowers will not have to pay any of that back. That will encourage them to borrow more if they wish, funded by the rest of us.
You are incorrect - Payments do matter, and you would know this if you looked over the
repayment plan documentation. Or if you
read the subject article for this thread.
Borrowers will receive forgiveness of any remaining balance they still have after making enough payments (or payment equivalents) to reach what’s called their “repayment term.” A repayment term is the amount of time you need to have spent in repayment before you can qualify for this forgiveness, and it will increase based on how much money you originally borrowed. Once you’ve made the equivalent number of payments equal to your repayment term, you’ll become eligible for this early forgiveness.
For these forgiveness programs, when they say "10 years of payments", it refers to 120 qualifying monthly payments. So you have to make 120 payments to qualify in the first place. The sole exception to my knowledge is that, during the COVID Freeze started by Trump, every month that passed counted as a qualifying payment automatically, regardless of if there was any payment or not.
But the "buying votes" thing is always such a funny line of argument to me.
If a politician brought forward a program that benefited you, and you liked it, would you argue that they were "buying" your vote? Would you get mad about it?
But since it's someone else benefiting, now it's just a political move, even when the need is genuine.
Something I may have missed in the posts is that the USSC has already told Biden "You can't do that."
That ruling was specifically about the HEROS act, which was the framework that the previous forgiveness was attempted under:
Biden v. Nebraska
Questions presented
(1) Whether respondents have Article III standing; and
(2) Whether the student loan forgiveness plan exceeds the Secretary of Education's statutory authority or is arbitrary and capricious.
Holding
1. At least Missouri has standing to challenge the Secretary’s program.
2. The HEROES Act allows the Secretary to "waive or modify" existing statutory or regulatory provisions applicable to financial assistance programs under the Education Act, but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal.
The HEROS act forgiveness would have been applied to all currently open student loans, for anyone that made under $125,000 per year, with a forgiveness amount of 10,000 per person, raised to 20,000 if they were a Pell Grant recipient (due to Pell Grants being issued to people with a high financial need due to family financial hardships.)
This is not the same mechanism that the article's forgiveness is based on.
It is built into the
SAVE plan itself. Similar to the
Income Driven Repayment (IDR) and
Public Service Loan Forgiveness (PSLF) plans, to prevent a loan from lasting into perpetuity, after 10 years of payments (which is 120 qualifying monthly payments), the remaining balance is discarded.
Student loan borrowers are allowed to transfer their loan from their previous repayment plan onto the SAVE plan, getting new monthly payment amounts as part of this, and the plan is meant to help who make less money meet their monthly payments. It is also designed to ensure that the principal can't outpace the rate of repayment, so we don't end up in situations where the interest outpaces the amount you're paying per month, resulting in being underwater on the loan.
As the final stopgap there, similar to the previous IDR plans, after enough qualifying monthly payments, the remaining balance is forgiven.
The people who are getting forgiven here already
made 120 monthly payments on their loan before transferring over to SAVE. The previous payments aren't just dropped into a hole - Prior payments have always counted for IDR forgiveness. This is the Department of Education simply proceeding with something they already announced and codified with their repayment plans.
As far as I can tell with case law, SCOTUS has not told the DoE "You cannot include a time-based forgiveness in your repayment plans". They've had plenty of time for a case to be brought up on this issue -
This sort of forgiveness has been part of the Federal Direct Student Loan Program since the Income-Contingent Repayment Plan was started in 1994.