; (9) in the case of a borrower who, as of the date before the date of enactment of the FAIR Act , was repaying any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan) pursuant to an income-based repayment plan described in section 493C or an income-contingent repayment plan described in section 455(d)(1)(D), which has a term or condition (including a term or condition related to loan forgiveness or cancellation, required monthly payments, or interest subsidies) that is more favorable for such borrower than a similar term or condition under the income-driven repayment assistance plan under paragraph (1), the Secretary shall apply the more favorable term or condition to the income-driven repayment assistance plan under paragraph (1) pursuant to which the borrower is repaying such loan, in lieu of the similar, less favorable term or condition; and (10) the special allowance payment to a lender calculated under section 438, when calculated for a loan in repayment under this section, shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section. (b) Eligibility determinations and notification requirement The Secretary shall establish and implement with respect to any borrower who is (or will be) repaying a loan pursuant to income-driven repayment assistance under this section, procedures to— (1) enroll into such income-driven repayment assistance plan, any borrower who, as of the date before the date of enactment of the FAIR Act , was repaying a loan pursuant to an income-based repayment plan described in section 493C or an income-contingent repayment plan described in section 455(d)(1)(D), without further action from the borrower, other than any action related to compliance with the recertification requirements applicable to the borrower under section 494(a)(4)(B); (2) notify the borrower of the terms and conditions of such plan