The U.S. Department of Agriculture told a federal court on Wednesday that Supplemental Nutrition Assistance Program (SNAP) recipients will receive up to 65% of their November allotments after a recalculation of contingency funds. USDA official Patrick Penn said maximum monthly benefits will be reduced by 35% for November rather than the 50% cut states had been instructed to apply earlier this week. The Justice Department acknowledged the agency “realized this error” after additional calculations and provided states new guidance to compute household benefits. The development follows a court order directing the USDA to use contingency reserves amid a prolonged federal funding lapse.
Key Takeaways
- USDA notified the court that November SNAP allotments will be cut by 35%, meaning eligible households can receive up to 65% of their normal benefits for that month.
- An earlier directive had told states to provide 50% of benefits; the change came after further calculations were filed with the court.
- USDA official Patrick Penn confirmed roughly $4.6 billion in contingency funds would be tapped to cover reduced November payments.
- The Justice Department told the court the administration will “fulfill its obligation to expend the full amount of SNAP contingency funds” following litigation by municipalities and nonprofits.
- The shift occurred during the 37th day of the government shutdown, the longest funding lapse in U.S. history as of Thursday, November 6, 2025.
- States received revised technical guidance Tuesday to calculate household-level reduced benefits for November.
Background
SNAP, administered by USDA’s Food and Nutrition Service, provides monthly food assistance to millions of low-income households. Contingency funds are a statutory reserve intended to maintain benefits temporarily if normal appropriations lapse. Late last month, the Trump administration warned states that November SNAP payments might not be issued because of the shutdown, prompting legal action by cities and nonprofits concerned about immediate hardship for recipients.
Federal judges in at least one jurisdiction responded by ordering the USDA to draw on contingency resources; in Rhode Island, a judge required the agency to use reserves to avoid a complete lapse in benefits. Departments of Justice and Agriculture then submitted filings clarifying how much of the contingency pool would be used and how states should compute reduced allotments. Those filings contained the recalculation that raised the expected November payment level from 50% to up to 65% for eligible households.
Main Event
On Wednesday, Patrick Penn, who oversees food and nutrition services at USDA, filed a court declaration saying maximum SNAP allotments for November would be reduced by 35% rather than cut in half. The change came after USDA performed additional calculations and updated the information it had provided to states earlier in the week. The Justice Department, in a separate court filing, acknowledged the agency “realized this error” and provided the corrected methodology for states to follow when issuing November payments.
USDA previously told the court it planned to use about $4.6 billion from SNAP contingency funds to finance November benefits. Penn’s declaration reiterated the agency’s intention to deplete those contingency funds to cover reduced payments for the month. States were sent new guidance on Tuesday with technical details needed to translate the contingency allocation into household-specific benefit amounts.
The litigation that drove the court order was brought by a coalition of municipalities and nonprofit groups that argued stopping SNAP payments would cause immediate harm to vulnerable residents. A federal judge in Rhode Island responded by ordering the USDA to activate contingency funds so a partial payment could be made while appropriations remained unresolved.
Analysis & Implications
A 35% reduction from full allotments leaves many households facing tighter food budgets; receiving 65% of a typical monthly benefit will not fully replace lost income or compensate for rising food prices. Short-term mitigation may reduce acute hunger, but analysts warn partial payments can complicate household planning, forcing recipients to prioritize groceries over other essential costs or to rely on food banks that are themselves strained.
Politically, the episode heightens scrutiny of contingency mechanisms and the administrative capacity to execute them during funding disruptions. The need to revise initial guidance and the Justice Department’s admission of an error may fuel criticisms about preparedness within USDA and could prompt congressional oversight requests. States will also bear operational burdens: recalculating hundreds of thousands or millions of household allotments in short order increases administrative workload and potential for errors at the local level.
Economically, drawing down roughly $4.6 billion in contingency funds for November reduces the reserve available for any subsequent interruptions, leaving less buffer if the shutdown persists or recurs. If appropriations are not restored promptly, the USDA may face difficult choices about how to distribute remaining contingency funds across future payment cycles and between different eligibility cohorts.
Comparison & Data
| Normal benefit | Initial state instruction | Revised November benefit | Contingency funds cited |
|---|---|---|---|
| 100% of monthly allotment | 50% (as earlier directed) | Up to 65% (recalculated) | Approximately $4.6 billion |
The table highlights the shift from full monthly payments to the initially directed 50% level and then to the revised up-to-65% level after USDA’s recalculation. Using $4.6 billion to fund a partial month will reduce reserves available for any future interruptions; the scale of impact depends on the number of households receiving reduced payments and state-specific distribution methods.
Reactions & Quotes
Officials and advocates offered differing responses as the revised guidance circulated. The Justice Department framed the adjustment as a corrective step after updated calculations, while legal challengers emphasized the urgency of restoring full benefits.
“[The USDA] realized this error,”
U.S. Department of Justice filing
The Justice Department’s short statement accompanied technical material sent to the court and to states, signaling the administration’s intent to clarify calculations and move forward with partial payments.
“[USDA] intends to deplete SNAP contingency funds completely and provide reduced SNAP benefits for November 2025,”
Patrick Penn, USDA declaration
Penn’s declaration set out the scale of contingency usage and explained the agency’s plan to fund a partial month of benefits while appropriations remain unsettled. Advocacy groups said the decision still leaves unacceptable gaps for many low-income households.
Unconfirmed
- Exact state-by-state household payment amounts remain pending until each state applies the USDA’s revised calculations and issues notices to recipients.
- The long-term availability of SNAP contingency funds beyond November is uncertain and depends on whether additional reserves exist or if Congress appropriates funds.
- Any differences in distribution timing across states (dates when recipients receive November payments) have not been uniformly reported and may vary by state processing schedules.
Bottom Line
The USDA’s correction means eligible households should expect higher November SNAP payments than they were first told this week, but those payments will still fall short of full monthly allotments. Tapping roughly $4.6 billion in contingency funds to cover a partial month helps avert an immediate stoppage but draws down reserves and leaves many recipients with significantly reduced food assistance.
Policymakers, state administrators and advocates will monitor how states implement the recalculated benefits and whether Congress acts to restore full funding. For recipients, the priority is clear: expect reduced November payments and seek local supports if needed while watching for state notices with precise household amounts and timing.