Dependancy as a family member

Help ! I have been racking my brains with an EU case . Has anyone dealt with an issue on dependency as a family member ?

I have a client aged 21 who has been refused ESA due to the R2R issue . I have argued that she can   derive rights from her father (who is a worker )  as a dependant family member providing that it is shown that support is provided .  Client is currently being supported by her father due to her financial situation .

She arrived in the in 2012 (aged 19 ) to study and her father followed shortly afterwards and has been a worker since .  Unfortunately , client did not get into Univerisity due to entry requirements and soon after started some agency work . Initially her father provided her financial support   until she started to receive her earnings . During her stay in U.K , there are periods of where she worked ,  studied in college , claimed JSA despite her on – going ill – health .  There are gaps of inactivity due to sickness periods   and during these times she was supported by her father .

I have received the DWP’s response and it appears that they are not accepting dependency because she did not arrive at the same time as her father , he does not live with her and has previously supported herself with JSA and work.

I have done some research on dependency and found caselaw   (Reyes, Jia , Lebon , Chen )  mainly concerning   immigration matters and CIS /2100/2007   which clarifies the definition of ‘dependant’ .  In conclusion , the judgements found that it is irrelevant   of other sources available and no need to determine the reasons for recourse . Also , I cannot see anything about a person must be living with them and whether or not they arrived at the same time .

Does anyone have any thoughts ?

retained worker status as temporarily incapacitated?