(b) All work-related eligibility documents must show that the applicant worked and received monetary earnings for a period of greater than six weeks in the six-month period prior to the date the applicant certifies that they became eligible for benefits. For the purposes of this Part:

1. (1) The date the applicant certifies that he or she became eligible for benefits shall mean the date when the applicant experienced a loss of work-related earnings or loss of household income, as defined in section 704.2(a) of this Part.

2. (2) The term monetary earnings for a period greater than six weeks shall mean direct financial compensation received by an applicant in exchange for work in excess of 15 hours per week. Monetary earnings must be demonstrated on a per week basis and shall not include:

   1. (i) payments related to scholarships, awards, grants, gifts, dividends, investments, stipends, work-study programs, or similar payments;
   2. (ii) payments from lottery or gambling winnings, prizes, or income derived from violations of State law, including the Penal law;
   3. (iii) payments from child support, spousal maintenance, alimony, or restitution;
   4. (iv) payments from any insurance policy or trust fund;
   5. (v) payments from waivers, settlements, or awards based on a legal claim or legal action filed in any court, including administrative forums;
   6. (vi) payments from social security, pensions, deferred income, or retirement accounts;
   7. (vii) payments from a governmental entity unrelated to the applicant’s work; or
   8. (viii) any other payments specified by the commissioner.

(c) Applicants may provide work-related eligibility documents to establish points of proof as follows:

1. (1) For five points:

   1. (i) any documents listed in paragraphs (j) and (k) of subsection 3 of section 2 of part EEE of chapter 59 of the Laws of 2021;

   2. (ii) filing New York State taxes, which must include:

      1. (a) proof of filing a New York State tax return for either tax years 2018, 2019, or 2020 with the Department of Taxation and Finance through submission of an electronic confirmation of e-filing, Department of Taxation and Finance issued “TF assignment letter”, or a bank statement reflecting payments to or from the Department of Taxation and Finance; and
      2. (b) proof of a valid United States individual taxpayer identification number (ITIN) or a W-7 application for an ITIN and proof of submission or filing; or

   3. (iii) a letter from an employer documenting the dates of work of the applicant and the reason the applicant is no longer employed by the employer pursuant to subparagraph (i) of paragraph (k) of subsection 5 of section 2 of part EEE of chapter 59 of the Laws of 2021, which must include:

      1. (a) the employer’s mailing address and the address of the site, within New York State, at which the applicant was employed;
      2. (b) the employer’s New York State Unemployment Insurance account number or Federal Employment Identification Number (FEIN); or
      3. (c) contact information, including a phone number, for a representative of such employer who can verify the contents of the letter.

2. (2) For three points:

   1. (i) a complaint, charge, or equivalent document filed with a local, State, or Federal agency or court, and acknowledged by such entity, alleging that the applicant worked in New York State, prior to April 19, 2021 and received, or should have received, monetary earnings for a period of greater than six weeks in the six-month period prior to the date the applicant certifies that they became eligible for benefits;
   2. (ii) evidence, such as statements issued by a financial institution, receipts from a check cashing establishment or transaction logs from a payment app of regular direct deposits, deposits, or transfers from an entity or from an unrelated individual (in each case that is not determined to not be an employer) to the applicant.

3. (3) For one point:

   1. (i) employer issued identification badge;
   2. (ii) emails, text messages, social media posts or messages, or other written communications relating to delivery order sheets, work invoices, point of sale receipts, directions or instructions from employers;
   3. (iii) emails, text messages, social media posts or messages, or other written communications between an applicant and an employer or hiring party establishing the existence of a work relationship;
   4. (iv) evidence, such as statements issued by a financial institution, receipts from a check cashing establishment or transaction logs from a payment app of recurring cashing of paychecks and/or remittance of funds from income or earnings by the applicant;
   5. (v) documents or materials issued by an employer to an employee, including any materials containing the employer’s mailing address, the employer’s New York State Unemployment Insurance account number or Federal Employment Identification Number (FEIN), and contact information, including a phone number, from a representative of such employer;
   6. (vi) receipts or records showing a consecutive pattern of commuting to and from a work location, such as toll records, parking receipts, or public transportation records; or
   7. (vii) letter attesting to the applicant’s employment history issued by a charitable organization registered with the charities bureau of the New York State Office of the Attorney General and based on direct knowledge that the applicant worked for the required duration, acquired in the course of conducting intake, interviews, or other standard processes related to the provision of job-related direct services to the applicant prior to April 19, 2021.