PIP 17 year old with father abroad

Our client is a Dutch national aged 17 whose father lives and works in the Netherlands. She has been in UK over 104 weeks
DWP have not sent a PIP2 claim. Their reasoning for not doing so is that because her father works in the Netherlands and pays contributions there, she cannot claim until she is 18. She is living in UK with her mother (her appointee) and siblings. Are DWP correct?
Thanks in advance

You haven’t had a reply yet so hopefully things resolved anyway. Is Mum an EEA national as well? Regardless, they should be making a formal decision not to allow her to claim/refusal so it can be effectively challenged at tribunal. I don’t think they’re correct. Given that Mum is in the UK, Dad should have no bearing on the issue.

Thanks Rebecca
Those were my thoughts. Mother in UK is EEA national.I have asked for a decision and await a reply

It could run either way Bram.

If a person resides and is working in the competent state but his family members live in a country other than the competent state then the family shall be entitled to cash benefits from the competent state. In a nutshell if Germany’s Dad’s competent state then that might stretch to the rest of the family.

See pp 295 of the latest CPAG MIgrant’s handbook.