reg 22 & reg 30(2)(b)(iii) and migration cases

My client was meant to have been migrated to ESA last year.  She says she never received the ESA50, nor the reminder nor the disallowance. IS stopped in December. Although she realised there less money than before she did not make any enquires until she received HB suspension letter informing her of IS termination in January 2012.
She is about to make a late appeal against the ESA disallowance, as of yet I don’t if Jobcentre Plus have sent out ESA50 and/or further request - they are unable to tell me anything over the phone, apart from the disallowance date which was 22 11 2011, and suggested I phoned ATOS. 
In the meantime, can she make a new claim for ESA, complete an ESA50 and then get paid under reg 30(2)(b)(iii)  (either with or without backdating), or is there any reason why this would not work for a migration case?
And does anyone know whether regulation 22 (with the requirement for a further request) applies to migration cases?  I noticed on ATOS letters for other clients that they only give them 1 caleder month to return the ESA50.

She has been through the migration process.  The decision stopping her IB/IS for failing to return ESA50 is a conversion decision.  She is going to late appeal it. 

I would download an ESA50 from Direct.gov and send it with her new ESA claim and sick note.  Reg 30(2)(b)(iii) applies equally to migration cases.  She should be paid ESA as soon as DM receives the completed ESA50.

Reg 22 applies to migration cases.  The law changed not long ago re the deadline for return of questionnaire.  The deadline for everyone is now 4 weeks with a reminder having to be sent no earlier than 3 weeks.

Thanks Tom.  The late appeal has been submitted, and I asked for a copy of the disallowance decision and the dates form and further request were supposed to be have been sent.  Will try new claim with downloaded ESA50 in the meantime.