208.035.  Transitional benefits program, TANF and SNAP — amount of benefits — rulemaking authority. — 1.  Subject to appropriations and any necessary waivers or approvals, the department of social services shall develop and implement a transitional benefits program for temporary assistance for needy families (TANF) and the supplemental nutrition assistance program (SNAP) that is designed in such a way that a TANF or SNAP beneficiary will not experience an immediate loss of benefits should the beneficiary's income exceed the maximum allowable income for such program.  The transitional benefits offered shall provide for a transition to self-sufficiency while incentivizing work and financial stability.

  2.  The transitional benefits offered shall gradually step down the beneficiary's monthly benefit proportionate to the increase in the beneficiary's income.  The determination for a beneficiary's transitional benefit shall be as follows:

  (1)  One hundred percent of the monthly benefit for beneficiaries with monthly household incomes less than or equal to one hundred thirty-eight^* percent of the federal poverty level;

  (2)  Eighty percent of the monthly benefit for beneficiaries with monthly household incomes greater than one hundred thirty-eight percent but less than or equal to one hundred fifty percent of the federal poverty level;

  (3)  Sixty percent of the monthly benefit for beneficiaries with monthly household incomes greater than one hundred fifty percent but less than or equal to one hundred seventy percent of the federal poverty level;

  (4)  Forty percent of the monthly benefit for beneficiaries with monthly household incomes greater than one hundred seventy percent but less than or equal to one hundred ninety percent of the federal poverty level; and

  (5)  Twenty percent of the monthly benefit for beneficiaries with monthly household incomes greater than one hundred ninety percent but less than or equal to two hundred percent of the federal poverty level.

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Notwithstanding any provision of this section to the contrary, any beneficiary where monthly household income exceeds five thousand eight hundred twenty-two dollars, as adjusted for inflation, shall not be eligible for any transitional benefit under this section.

  3.  Beneficiaries receiving transitional benefits under this section shall comply with all requirements of each program for which they are eligible, including work requirements.  Transitional benefits received under this section shall not be included in the lifetime limit for receipt of TANF benefits under section 208.040.

  4.  The department may promulgate any rules or regulations necessary for the implementation of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be invalid and void.