In the case Nguyen v. Wagner, the Department of Transitional Assistance was enjoined h m proceeding with the SSFSP benefit suspension described in Field Operations Memo 2002-9.

On July 1,2002, in accordance with the settlement agreement of Ngzyen v. Wagner, the Department changed the way benefits are calculated for AUs that receive both federal and state supplemental food stamp benefits (FS/SSFSP AUs). The Department agreed, upon request, to review any SSFSP recipient’s noncitizen status to determine eligibility for federal food stamp benefits. These instructions were issued in Field Operations Memo 2002-9D.

Budget shortfalls caused the Department to implement a funding reduction for the SSFSP in May 2002. Since then, eligible SSFSP participants received full benefits for July 2002, and partial benefits for August 2002. Because the Department has depleted all funding for the current fiscal year, the Department must formally shut down the Program. This Field Operations Memo gives AU Managers procedures for processing noncitizen applicants and recipients impacted by the elimination of this Program.