Payback refers to paying back the state from money leftover in the trust upon the death of the trust beneficiary as a reimbursement for having received public benefits. 
– First Party Trusts, in which funding usually comes from a personal injury settlement or inheritance, require payback to the state. With a Pooled Trust, a portion will be retained by the non-profit organization that manages the trust. 
– Third Party Special Needs Trusts do not have a payback provision.