ESA and SMI Exemption for Council Tax

I have a client who has been granted an SMI Exemption for council tax backdated to an award of PIP. 
He is contesting payment of council tax prior to the period when he was awarded PIP - he was on ESA support group during the period for which he was charged council tax and his GP has stated his mental incapacity covers this period as well and has certified as such to the council.  According to council website, this is accepted as a qualifying benefit for the purposes of the exemption so will challenge on that basis.  However, when I look at the Council Tax (Discount Disregards) Order 1992 and amendments I cannot clearly find that ESA is included (although UC WC is included).  Am I missing something?

Hi Darren,

I think Incapacity Benefit [referred to in Regulation 3(2)(a) Council Tax (Discount Disregards) Order 1992] was converted to Employment and Support Allowance by the Welfare Reform Act 2007 and The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010.

Cheers

Chris

Many thanks Chris!

I hope you are well.

Darren

Hi mate,

Yes, I am well. I hope that you are as well. I am supposed to be working at this time (we have shifts up to 8.15 pm in Macmillan). What are you doing responding so quickly. Enjoy the sunshine whilst one can.

Hopefully see you in the not too distant future.

Take care

Chris