States must continue issuing partial November SNAP benefits and halt any move to pay full amounts following an administrative stay from the U.S. Supreme Court, according to the U.S. Department of Food and Nutrition Service.
In a memo from November 8, Deputy Under Secretary Patrick A. Penn told state agencies not to send full benefit files to EBT processors. Instead, they should remain utilizing partial issuance files that show a 35% cut from the maximum allotments set out in prior instructions.. If any state already sent full-payment files for November, the memo says those steps were unauthorized and must be reversed immediately, with notice provided to the appropriate regional office, the Food and Nutrition Service said.
The agency said the Supreme Court granted USDA an administrative stay of district court orders in Rhode Island State Council of Churches, et al. v. Rollins, No. 25-cv-569. Until FNS issues different instructions, the partial-benefit directive remains in effect.
FNS said that not following the rules might lead to penalties under 7 CFR 271.7(h), such as the loss of the federal share of state administrative expenditures and the possibility that the state would have to pay for any overissuances. The memo also notes it follows guidance previously issued on Oct. 10, Oct. 24, Nov. 4, Nov. 5, and Nov. 7. State agencies with questions are advised to contact their regional representatives.
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